ENERGY: OIL, GAS & ELECTRICITYMay 24, 2017
Intellectual Property & ICTMay 24, 2017
Private equity comes with challenges every step of the way. From investigating through to purchasing, holding or disposing of an asset, players need advisers who are familiar with the dynamics of the different stages of the investment life cycle and who understand the diverse interests and demands of all members of the bidding or transacting team.
At SCP, we understand that success requires not only technical legal skills, but also commercial sophistication, common sense, top-quality project management and the ability to communicate effectively. Our Private Equity team prides itself on having these attributes, as well as a wealth of experience in structuring and executing joint ventures, institutional and management-led buyouts, mezzanine financing, public-to-privates, follow-on acquisitions, IPOs and trade sales. Areas of expertise include traditional private equity, alternative asset funds and hedge funds. We provide advice and representation for private equity firms, venture capitalists, fund sponsors and institutional investors on all aspects of private equity transactions – from the establishment and structuring of new funds, to operations, acquisitions and dispositions, to the final exit planning and liquidation.
How We Can Help
- Fund Formation – Structuring and organizing new funds, taking into account structural jurisdictional requirements, investment and repatriation, relevant tax planning and transfer pricing issues on board.
- Fund Review – reviewing fund legal documentation for institutional investors, including a specific focus on assessment of market terms.
- Deal structuring — Planning the acquisition structure to take account of the needs of the financiers, providing legal and regulatory compliance structures, while at the same time ensuring tax-efficient operations and eventual exit.
- Risk allocation — Suggesting innovative and commercial approaches to the allocation of risk and the limitation of liabilities such as purchase price adjustments and the ring-fencing of legacy trading risks.
- Management equity participation — Developing plans to enable management teams in different jurisdictions participate in the equity of buyouts in a tax-efficient manner.
- Industry and regulatory — Engaging lawyers with relevant industry knowledge to advise on regulatory considerations and suggest financing and commercial arrangements best suited to the target’s industry sector.
- Restructuring and refinancing — Renegotiating financing packages as the underlying business evolves, including renegotiation related to bolt-on acquisitions and leveraged recapitalizations.
- Exit planning — Assisting in structuring the exit to maximize the upside, using knowledge of the target company built up over the investment life cycle.
Some of the key achievements of our Private Equity and Venture Capital Group are listed below:
- Acted for CAPIC, the largest specific purpose real estate fund in Nigeria worth in excess of US$300million on foreign direct and portfolio investments, finance structuring, acquisitions;
- Secured client’s $2.8 million venture capital investments by discovering/inventing corporate restructuring options;
- Advised an offshore venture capital firm in the proposed development of a N3,000,000,000 (Three Billion Naira) mixed use twin tower complex in a joint venture arrangement with a major government agency in Lagos State.
- Provided legal consultation and advice regarding investment structuring of private equity firm regarding equity holding issues in a local operating airline including advice on aircraft acquisition and compliance with international practice standards.
- Advised a leading private equity firm regarding its investments and restructuring options in a special purpose vehicle set up for the manufacture of packaging products for Nigeria’s beverage industry.