GETTING INVESTMENT READY A LEGAL FRAMEWORK SETTING THE TERMS GORDON STÜNZNER SOLICITOR SOUTH...
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Transcript of GETTING INVESTMENT READY A LEGAL FRAMEWORK SETTING THE TERMS GORDON STÜNZNER SOLICITOR SOUTH...
GETTING INVESTMENT READY
A LEGAL FRAMEWORKSETTING THE TERMS
GORDON STÜNZNERSOLICITOR
SOUTH GELDARD LAWYERS
First Steps
• Work out what you are willing to offer• Decide who is involved• Evaluate your skills - do you have the necessary skills
for the proposal?• Look at your current business structure• Look at your proposed business structure• Due diligence• Talk
What are the relationships?
External Investors
Specific Purpose Vehicle
Joint Venture Participants
Individual Enterprise
Internal business considerations
• Partnership agreement• Trust deed• Corporate constitution• Shareholders’ agreement • Succession plan• Wills and Enduring powers of
attorneyIndividual Enterprise
Joint Venture Enterprise
What do we need between entities?
• MOU or Heads of Agreement• Joint Venture agreement• Corporate constitutional
documentation• Shareholders’ /unit holders’
agreements• Corporate governance policy
documents
Individual Enterprise
External Investor
Specific Purpose Vehicle
Joint Venture Enterprise
What do we need to put in place with investors?
• Contract of sale• Lease of land• Co-ownership agreement• Management agreement• Investment
strategy/management policyIndividual Enterprise
Example: Sale and Lease back
Sale and Lease back – Ongoing lease
Example: Multi-party sale and lease back arrangement
• 3 adjoining Landholders• Separate operations• 10,000 aggregated commercial cattle herd• Agreement to pitch to an international investor• Sale and lease back arrangement