Private Equity

For many years the approach from private equity has been “if you play with our money you play by our rules” and quite frankly we have assisted those in organisations setting up their rules.

However in more recent times we have seen a shift in the relationships and in our experience, private equity is now using funds available in long term viable business rather than simply short term cash cows.

Funding from a private equity or venture capital investor will always be conditional upon their taking an equity stake in the company. The provision of funds can come with access to stronger management and opportunities to maximise expertise and the business itself.

We have seen the use of private equity as both a management tool to achieve growth and have also seen a sensible approach on ensuring the long term viability of a business. We have assisted in the set up of tax funds and worked with tax advisers to advise on a variety of structures which are able to deal with the modern approach to private equity.

Legal issues which should be considered include, but are not limited to, the following:

  • due diligence on targets and solvency statements from directors
  • due diligence on providers of funds and fund managers
  • review of funds (including analysis of the history of funds)
  • structure of equity provisions with articles dealing with dividends, preference shares, capital returns, financial controls, voting rights and flooding rights
  • as articles are a public document, it will be appropriate to include certain provisions in a separate investment agreement, such as warranties on the current position of the target, mechanisms for warranty claims, limitations on such claims and protection of EIS status
  • provisions of a legally binding business plan, with remedies for failure
  • Shareholders’ Agreement / Joint Venture – which may support the investment

Quick links

Sign up

Enter your email address for legal updates on Corporate and Commercial law.

Please see our privacy policy regarding use of your data.


Corporate Team

  • All departments
  • Agricultural Law
  • Brexit
  • Careers
  • Co Co - Employee Share Schemes
  • Co Co - Recovery & Insolvency
  • Co Co - Restructuring
  • Co Co Corporate Governance
  • Co Co Corporate lending
  • Co Co Financial Services
  • Co Co Franchising
  • Co Co GDPR
  • Co Co in-house legal support
  • Co Co International Contracts
  • Co Co M&A's
  • Co Co MBOs & MBIs
  • Co Co Partnership and LLPs
  • Co Co Regulatory, Compliance & Competition
  • Co Co Shareholders Agreements
  • Co Co Terms and Conditions
  • Co Co- Intellectual Property
  • CoCo - Banking and Finance
  • CoCo - New Businsess
  • CoCo Competition Law
  • CoCo Consumer Law
  • CoCo Data Protection - Marketing
  • CoCo Data, IT & Technology
  • Commercial Law
  • Commercial Property
  • Construction
  • Corporate & Commercial
  • Corporate Law
  • Debt Recovery
  • Dispute Resolution
  • Disputes - Business
  • Disputes - Declarations of trust
  • Disputes - Probate and inheritance
  • Disputes - Professional negligence
  • Disputes - Restrictive Covenants
  • Disputes - Shareholders & Partnership
  • Disputes - Tenants in Residential Property
  • Disputes - Wills, trusts & probate disputes
  • Disputes and Small Claims
  • Disputes Construction
  • Disputes with Co-owners
  • Divorce
  • Employee - Termination
  • Employer - Termination
  • Employment
  • Employment - Business protection
  • Employment - Collective consultations
  • Employment - Contracts, services, consultancy
  • Employment - Employee benefits
  • Employment - Employee Procedures
  • Employment - Equality, discrimination and harassment
  • Employment - Family Friendly Rights
  • Employment - GDPR and Data Protection
  • Employment - Post employment obligations
  • Employment - Redundancy & Reorganisation
  • Employment - Settlement Agreements
  • Employment - Tribunal Claims
  • Employment - TUPE
  • Employment - Wages, holiday and sick pay
  • Employment - Workers rights
  • Employment Tribunal claims
  • Estate Administration
  • Expat Legal Services
  • Family Law
  • Financial Services
  • GDPR
  • Help to Buy
  • Immigration law
  • International Legal Services
  • Key Property Contacts
  • Land and Property Disputes
  • Land, development and construction
  • Lasting Powers of Attorney
  • Leasehold
  • Licensing Law
  • Money, Tax and Inheritance
  • New Build Conveyancing
  • Private Wealth and Inheritance
  • Professional Negligence
  • Property Finance
  • Property Law
  • Residential Property
  • Residential Property - Completions
  • Residential Property - Shared Ownership
  • Trainee Solicitor
  • Wills, Trusts & Probate

Yavan’s approach in dealing with negotiations and in dealing with the city lawyers on a multi-million pound investment were commercially focused, ensured that progress was made and that we concentrated on the areas of the greatest importance. It greatly assisted in ensuring that a potentially complex closing was dealt with effectively and with a successful result. Always approachable and responsive, Yavan and his team are professional and a pleasure to deal with. When the deal was complete, our new partners also remarked on the extremely pragmatic and professional input from Yavan and his team

Clayton Sullivan-Webb, Finance Director, Grundon Waste Management Limited

Latest news & insights

+44 (0)1276 686 222

Email: info@herrington-carmichael.com

Farnborough
Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR

Reading (Appointment only)
The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA

Ascot (Appointment only)
102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY

London (Appointment only)
60 St Martins Lane, Covent Garden, London WC2N 4JS

Privacy Policy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies  |   Client Feedback   |  Diversity Data

 

 

Our Services

Corporate Lawyers
Commercial Lawyers
Commercial Property Lawyers
Conveyancing Solicitors
Dispute Resolution Lawyers
Divorce & Family Lawyers
Employment Lawyers
Immigration Law Services
Private Wealth & Inheritance Lawyers
Startups & New Business Lawyers

Pay Online >

Please be aware that we have no plans to change our bank details. If you receive any indication that any of our bank details have changed please contact us before sending us any funds. We take no responsibility for monies you transfer into the wrong bank account.

© 2023 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.