Fund Formation
With a global perspective on fund formation, we handle legal aspects related to the establishment and structuring of private equity funds across different jurisdictions. At 360 Business Law, we guide our clients through drafting and negotiating fund agreements, determining investment strategies, and addressing regulatory compliance requirements worldwide.
Investment Agreements
This aspect focuses on the legal documentation and negotiations involved in private equity investments. It includes drafting and reviewing investment agreements, such as share purchase agreements, subscription agreements, and shareholder or membership agreements. These agreements define the terms and conditions of the investment, including governance rights, management participation, and exit provisions.
Due Diligence
This area involves the legal analysis and investigation conducted by private equity firms to assess the target company’s legal and regulatory compliance, financial health, and potential risks. It covers matters such as intellectual property rights, contractual obligations, litigation and disputes, environmental compliance, and employment matters.
Governance and Board Representation
This aspect addresses the legal framework governing the relationship between private equity investors and the portfolio companies in which they invest. It includes matters such as board representation, shareholder rights, voting agreements, and governance structures to ensure effective oversight and decision-making.
Leveraged Buyouts
In the complex world of Leveraged Buyouts, we bring global insight. We handle important legal considerations, such as negotiating and structuring debt financing arrangements, addressing regulatory requirements, and managing legal risks associated with acquiring a company using a significant amount of debt, across multiple jurisdictions.
Regulatory Compliance
This aspect covers the legal and regulatory obligations that private equity firms must adhere to, including securities regulations, anti-money laundering laws, disclosure requirements, and investor protection regulations. It involves ensuring compliance with applicable laws and regulations in all stages of the investment process.
Exit Strategies
This area involves the legal considerations and mechanisms for exiting private equity investments and realizing returns. It encompasses initial public offerings (IPOs), sales to strategic buyers, secondary buyouts, management buyouts, and other exit routes. It includes negotiating and structuring the sale agreements, addressing regulatory requirements, and managing the legal aspects of the exit process.
Tax Considerations
Our services stretch across borders to address the tax implications of private equity investments for both the fund and its investors. We specialise in tax structuring, analysing tax-efficient investment vehicles, addressing international tax treaties and regulations, and managing tax risks and compliance obligations on a global scale.
Environmental, Social, and Governance (ESG) Considerations
This area focuses on the legal aspects related to incorporating ESG factors into private equity investments. It includes compliance with environmental and social regulations, responsible investment practices, impact investing, and assessing ESG risks and opportunities in the investment process.
Fundraising and Investor Relations
This aspect covers the legal considerations in fundraising activities and maintaining relationships with investors. It includes regulatory compliance in marketing and soliciting funds, investor disclosures, investor agreements, and addressing investor rights and obligations throughout the fund’s lifecycle.