Australia | September 10, 2020 - October 08, 2020
Our team of leading technology, corporate M&A, financing and tax lawyers will be delivering a five-part series, which will provide guidance on the multitude of issues and factors that need to be considered in the funding and M&A of rapidly growing technology companies.
Capital Raising - Thursday 10 September
Getting the right investors on board, on the right terms, is critical to the success of most scaleups and high growth companies. We examine the various types and sources of investor and fundraising avenues and what to look for when preparing for fundraising.
Topics covered in this session include:
- Fundraising rounds – Family & Friends, Seed Stage, Series A etc.
- Types of investors – HNWs/Angels, Seed Funds/Accelerators, Corporate V C Funds, VC Funds, Strategics
- Preparing for fundraising – Issues to address up-front
- Investment instruments – Ords, Prefs, SAFEs, c-notes (and venture debt)
- Key investment terms – governance, veto rights, founder vesting/leaver arrangements, pro rata rights, liquidity events.
M&A - Thursday 17 September
Conducting M&A transactions carries a set of unique challenges for both buyers and sellers, particularly those that are cross-border. We provide guidance on navigating the legal, commercial and geographical challenges when conducting M&A transactions for fast growth tech companies.
- Issues running a competitive international tech exit on COVID times when foreign bidders can’t or won’t travel to see site and staff in person.
- Repatriating to the right jurisdiction first to provide a cleaner runway for a listing on the right exchange.
- Typical W&I approach to tech warranties and indemnities.
- Dual track processes –maintain competitive tension and other issues arising out of the processes being vastly different.
- Exit deed – what to consider sorting out between sellers which should not be for the eyes of the buyer.
- What level of vendor tech DD is expected and gives the best protection?
Raising US venture capital & later stage capital - 24 September
Our Silicon Valley-based partner, Lior Nuchi, will cover standard terms for venture capital financings that US venture capital firms require when funding non-US starts ups. He will also describe strategies for negotiating those terms to get the best outcomes for the company, its founders, employees and angel investors.
Employee Stock Ownership Plan - Sharing the growth - 1 October
With the rapid growth enjoyed by many start-ups, employee equity is often critical to attracting and retaining talent. The Australian tax system recognises this and provides very generous tax concessions to qualifying start-ups that allows them to use employee equity as a tax effective supplement to traditional salary and remuneration. This session will cover the commercial considerations, taxation of employees and start-up concessions.
This session will cover:
- Commercial considerations and share scheme design
- Taxation of employees who benefit from share schemes
- Start-up concessions.
Interview with Phil Copeland - 8 October
We interview Phil Copeland, Founder of Avoka Technologies. Avoka achieved one of Australia's biggest ever exits by a fintech start-up, selling for $350 Million. Phil discusses how to grow a global tech business from Australia - actually from Manly Beach, Sydney to be more specific. He also gives guidance on the key issues involving: raising capital; establishing ESOP and dealing with the sale process.
Phil discusses how to grow a global tech business from Australia - actually from Manly Beach, Sydney to be more specific. He also gives guidance on the key issues involving: raising capital; establishing ESOP and dealing with the sale process.
Phil’s candour in the interview was certainly enhanced by us catching him on Day 12 of his 14 day hotel quarantine in Sydney. Please join us for some fantastic insights from a Founder who has gone from startup to massive successful exit.