Concerning Raising Capital

Monticello Capital will only provide capital fundraising services when an up-front cash retainer is provided by the client company, and then only on a “best efforts” basis.

The firm will certainly assist its clients in producing offering documents but will not offer capital “finding” services on a pure success-fee basis for enterprise companies, nor will Monticello Capital introduce potential investors to clients for a fee.

This stricture exists because of this firm’s fiduciary duty to its corporate clients and the necessity to avoid even the appearance of a conflict of interest.

Concerning Distressed Companies

Monticello Capital will not ordinarily engage a new client in situations of financial distress, bankruptcy, impending bankruptcy, or “workout.”

The exceptions to this exclusion are when we work in partnership with new investors or when retained by creditors committees, a United States Bankruptcy Trustee, or a trusted law firm.

We consider a company to be distressed when any one of the following three conditions exists:

• Its cash flow cannot pay its trade debt or service its current debt in the normal and ordinary course of business or within 30 days of aged accounts payable

• Any of its commercial banking covenants are in breach or will become in breach within 90 days absent new capital contributions, or

• Its balance-sheet liabilities exceed its fixed assets, except in a start-up company or where an expansion of book debt capacity has resulted from a capital financing.

Concerning Civil Litigation Financial Advisory Services

Monticello Capital will provide certain litigation financial support services in civil matters before US state and federal courts, limited to advising law firms in camera concerning:

• Damages analysis
• Enterprise valuation
• Deconstruction of opposing counsel's expert reports
• Litigation financial research

Our firm does not provide expert witness deposition testimony or courtroom testimony.

Concerning Investors

Monticello Capital is a privately-held limited liability company registered to do business in the Commonwealth of Virginia.

The firm has no outside investors either in the capital structure of the investment bank or in its private investment transactions.

All funds invested in the investment bank’s private investment transactions are capital assets of the firm or personal capital assets of the Managing Director.

Concerning Offshore Enterprises

Monticello Capital does not advise offshore entities or transactions.

Full and complete disclosure of corporate ownership and partnership interests is required for all client enterprises.

Our internal anti-money laundering controls are among the strongest in the financial services industry and apply to all clients and companies in which we invest or with which we do business.

Fees

Monticello Capital is a fee-for-service investment banking firm.  We represent clients on a retainer basis, as an advisor for defined corporate requirements, and on a transaction basis.

Retainer clients typically engage the firm and its many resources as a strategic financial advisor in a long-term effort to position for the achievement of specific goals, for financial engineering or restructuring, or as the outside investment banking advisors to executive management or to the corporation's board of directors.

In retainer engagements, clients are normally billed on a fixed monthly retainer.

Advisory clients whose corporate requirements are served through the Corporate Advisory Services practice engage the firm for discrete and focused tasks with specifically defined terms.

In advisory engagements as in retainer engagements, clients are normally billed on a fixed monthly retainer, but can be invoiced on a billable hours basis.

Transaction clients bring in this firm for professional management of a financial transaction in those cases where a particular capability may not exist within the client organization, or where Monticello Capital’s wide network of associations can be of direct and immediate benefit.

For mergers and acquisitions and other investment banking transactions, Monticello Capital is typically engaged with a fixed monthly retainer plus a success fee paid upon the completion of the transaction.  The success fee can include an equity component.

Securities Disclaimer

This Web Site Provides No Offer of Securities or Investment Services.

Monticello Capital makes no offer in this web site to buy or sell securities, securities derivatives or futures products of any kind; to provide trading or investment advice, recommendation, or strategy; to provide advice or services requiring licensing or registration as a securities broker or dealer; or to provide services that would require compliance with federal or state banking or securities laws or regulations.

The inclusion of Northern Trust, Financial Investments, Inc., and Pittsford Ventures among our affiliates in no way constitutes an offer to buy or sell securities or to provide investment advisory services.  We have provided web links and contact information only for the benefit of potential clients of these firms.

Monticello Capital LLC is not affiliated with Monticello Capital Management LLC, a Registered Investment Advisor (RIA) in the State of New York since 2008.  Monticello Capital LLC is likewise not affiliated with certain commercial entities that were or are doing business as “Monticello Capital Group” in Barrington, Illinois; “Monticello Capital Corporation” in the Village of Monticello, Sullivan County, New York; "Monticello Capital Partners" in Toronto, Ontario, Canada; or “Monticello Capital Ltd.” in Bermuda.  Those firms are similar in name but entirely unaffiliated.