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Solicitors
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Agribusiness
Capital markets
Corporate advisory
Estate planning
Litigation
Property
Property funds

McMahon Clarke Legal
 
 
 

Agribusiness | Capital markets | Corporate advisory | Estate planning | Litigation & risk management  | Property | Property funds

 

 

 

 

 

 

 
     
     

Corporate advisory

Why is a corporate structure popular?
Who is the promoter?
What does corporate advisory cover?
Promoter's checklist
Recent projects
 

Why is a corporate structure popular? Top of page

  A corporate structure is popular for businesses which need capital to fulfil their business plan. Unlike promoters of other funds, these businesses might be manufacturers, biotechnology companies or service providers. The directors are primarily interested in operating their core businesses and are less motivated by the desire to be in the business of funds management.

However, there are some fund managers who do use a corporate structure rather than a managed investment scheme in which to conduct a funds management business. These vehicles are called “investment companies” and are mostly used in situations where the underlying investments are active in nature (e.g., property development or trading businesses such as hotels).

Another context in which a corporate structure is used occurs in the funds management industry where the management is said to be “internal”. This means the manager not only offers investment in the fund which will hold the assets of the project, but also that the manager offers shares in itself. This structure is designed to allow the investors to benefit not only from investing in the underlying assets of the fund, but also to benefit from the management fees generated by the fund manager.

 

Who is the promoter? Top of page

  The promoter in a capital markets project is usually one of the directors of the company.

In an investment company, the promoter may also be a company which is separate to the vehicle used to raise the money. The promoter company might them have a contract in place to manage the investment company.

 

Publications on capital markets and corporate advisory Top of page

 
 

What does corporate advisory cover? Top of page

Whether a company is raising capital, acquiring assets or looking to restructure, there is an extensive number of issues which need to be properly considered.

Corporate advisory is the name we give to the broader corporate work which both implements and complements specific transactional services.

For example, a company raising capital for its business will most likely need shareholding or joint venture agreements, advice on directors’ duties and corporate governance, agreements giving effect to asset acquisitions and associated due diligence, and perhaps even dealing with enquiries and investigations by regulatory bodies.

Some companies, on the other hand, have very strong cashflow and don't need to, nor want to, attract equity capital from third party investors. Instead, they are able to source bank debt to fund specific opportunities such as acquisitions as part of a corporate growth strategy.

Finally, at some stage through a company’s life, it may also need to embark on capital management programmes including share buy–backs, capital reductions and corporate restructures.  Hopefully, the company then becomes so attractive to external parties that an exit mechanism such as a takeover, private trade sale or listing on a recognised stock exchange, become issues the company needs to consider.

Corporate advisory covers all of these situations.

Promoter's checklist Top of page

If you would like to talk to us about undertaking capital raising, then use the following checklist to gather the information we will need to commence work:

  1. Provide us with a written brief of the business you are in, and what you objectives are for the business.
  2. Include in the brief why you would like to raise the money and how much you would like to raise.
  3. Advise us of your target date for raising the money you require.
  4. Explain to us the current business structure you have in place and provide us with the relevant documents you had which governed that structure.
  5. List the other consultants you have contacted so far and the progress they have made.
  6. If you have a marketing plan for how to raise the capital, then please let us have the details.
  7. Provide details of the offer you are making to investors in terms of the returns or other benefits you are providing and other terms of the offer you believe are important.
  8. Nominate the key people involved in the venture and the person who will be our point of contact.
 
  • Advising a national fund manager on cross border incorporated joint venture in the Asia Pacific region. The transactions forged strategic relationships with the overseas counter parties creating deal flow opportunities for our clients' funds management business.
  • Advising a large private investor in relation to a $45 million investment in two UK public companies.

Click here for a list of recent transactions in which McMahon Clarke has been involved.

Contact Langton Clarke

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