Since our inception, CapitaLegal has been involved in many very interesting transactions and has advised clients in a wide range of business activities. Below is a taste of some of the fascinating matters we have dealt with in recent times:
CapitaLegal has advised multiple entities in relation to their capital raisings, including IPO and back-door listings on the ASX, and capital raisings to issue standard fully-paid equity, partially paid equity, preference shares and convertible notes, for clients across a wide range of industries such as:
- Start up technology and fintech
- Traditional investment and private equity
- Veterinary and pharmaceutical businesses
Corporate Structures and Financing
- CapitaLegal acted for a group of entities establishing a litigation fund. The purpose of the fund is to provide finance to litigants seeking to pursue high value commercial claims. CapitaLegal advised on all aspects of the transaction, including the establishment and structuring of the appropriate holding and investment entities, drafting the complex documentation associated with the fund’s investment and returns structure and the base funding agreement to be entered with litigants.
- CapitaLegal acted for an investment adviser to establish a SPV to raise funding through the issue of unsecured notes to wholesale investors. The amount raised was used to invest in a substantial interest in an international bulk carrier ship.
- Advised the proposing purchaser on the acquisition of a corporate entity via a put and call option, including advice on terms, drafting the option and undertaking legal due diligence on the business.
- CapitaLegal was appointed legal adviser to the owner of a car park which granted an easement over areas of the car park in order to permit the construction and extension of the building above the car park. The consideration for the grant of the easements included a combination of cash, property and rights. CapitaLegal was involved in the negotiation and finalisation of this complex transaction.
- Advised the responsible entity of a registered managed investment scheme in the acquisition of commercial property in Victoria.
- Advised renewable energy developers to secure options to purchase and lease rural properties in New South Wales, Queensland, Western Australia and ACT. The advice provided included:
- negotiation with multiple disparate landowners, each with unique concerns about how the option will affect their own property and agribusiness enterprise
- advice on how mining interests will affect our client’s option over the property, including liaison with mining entities to settle the respective rights in relation to use of the property
- review of stamp duty implications
- advising on requirements for approval by the Foreign Investment Review Board (FIRB)
Funds and Financial Services
- Sarah Zanon has been appointed contracted General Counsel for Crescent Wealth, the responsible entity of a series of ultra-ethical retail managed investment schemes and the promoter and investment manager of the Crescent Wealth Superannuation Fund, a public offer superannuation fund aimed at the Islamic community. In this capacity, Sarah has been involved in the myriad legal issues associated with a growing fund manager, including review and sign off of Product Disclosure Statements, review of FOFA requirements, advice on AFSL requirements, Compliance Plans and drafting, negotiating and lodging MIS and superannuation constitutions.
- For many clients, CapitaLegal has provided advice and assistance on applying for their Australian Financial Services Licence and making variations to their licence conditions.
- For several clients, CapitaLegal has established a comprehensive but straight-forward compliance and reporting framework to assist Australian Financial Services Licensees to manage and report on their licensing, legal and compliance obligations.
General Corporate and Commercial
- Advised on general terms and conditions to apply to I.T. / software and intellectual property licences, websites, terms of business, privacy policies, appointments and mandates
- Drafted standard form consultancy agreements and employment agreements, including appropriate non-complete arrangements