Commercial

Navigating Capital Raising: Legal Guidance and Advisory

Capital Raising & Finance

Raising funds can unlock business opportunities. However, the difference between a successful raise and an unsuccessful one can come down to small details. We help you to get it right so that your business can get to the next level.

We provide assistance with:

capital raising (e.g. obtaining funds from third party investors); and
finance transactions (e.g. obtaining funds via loans or finance facility arrangements).

Capital raising is heavily regulated. The precise legal requirements can vary depending on your intentions, and there is often little opportunity to rectify mistakes. The competing tension between incoming investors and existing business owners can also create additional hurdles. With all of this in mind, a methodical approach to capital raising is a necessity.

Finance transactions similarly require a high degree of care. These arrangements have the capacity to create significant legal and commercial issues for borrowers and lenders alike. Whether the parties are family members, friends, investment funds or other third parties the importance of implementing them correctly remains.

Approach

Our usual approach is to:

provide you with a clear and transparent fee quote;
discuss your requirements, goals and desired outcomes;
analyse the potential pathways available; and
support you to implement your desired way forward.

Our priority is to ensure that your business obtains funds in a commercially sensible manner without exposing you to an unpalatable level of legal risk. We will be in your corner throughout the process advocating for your best interests.

Fill in the form and someone from our team will be in contact shortly.

I am pitching to investors – should I get a lawyer involved now or later?

You should be careful during these initial discussions. Promising a certain rate of return, using financial projections and failing to adequately protect confidential information all create risk. Our team can help you to reduce risk during these initial conversations.

What is a SAFE?

A SAFE (or, ‘Simple Agreement for Future Equity’) is a modern form of financial instrument. It usually involves an investor providing funds in exchange for the ability to purchase shares in a future equity round. Our team are well placed to assist with SAFE agreements.

What is a ‘secured’ loan?

It means that the lender has some form of security for repayment of the loan. For example, a lender may ‘secure’ a loan by obtaining a mortgage over the borrower’s house or a registered security interest over the assets of a business. There are many different forms of security. The most appropriate form of security will vary depending on the nature of the arrangement.

Do I need to document a loan?

Ideally all loans should be documented. Not documenting a loan appropriately can create enforceability risks and may also increase the chances of a dispute arising.

What if a dispute arises?

Our dispute resolution team can assist - click here.

How do you charge?

Trust is one of our core values. We pride ourselves on not causing 'bill shock'. Our usual approach is to provide you with a clear and transparent fee quote to ensure that there are no surprises. You can then make an informed decision about whether you want to proceed or not.

What impact does a company Constitution or Shareholders Agreeement have on capital raising?

The terms of a company Constitution or Shareholders Agreement may prescribe requirements for capital raising activities. It is important to consider the existing legal landscape for your business before taking any steps to start (or implement) a capital raise. Failing to do so can compromise the entire capital raising process.