Investment agreement with start-up
Provision of legal advice to an investor on due diligence of a start-up and the conclusion and implementation of an investment agreement. Acting for a closed-end investment fund, in cooperation with a business advisor, we participated in due diligence of a start-up operating as a company owned by a few natural persons. After the evaluation of the collected audit evidence and after making arrangements between the parties, we drafted and negotiated an investment agreement stipulating further steps and mutual relations between the parties. Under the investment agreement, the fund acting as financial investor and the company so far responsible for the venture formed a new entity – an SPV in the form of a limited liability company. The main financial contribution to the SPV was made by our Client, and after that, the SPV purchased assets essential for the further development of the venture from the previously existing company. The provisions of the investment agreement stipulated the rules regarding personal involvement of the parties and others in the project development, protection of the competitive potential of the SPV, Corporate Governance principles (joint control and corporate cooperation, including participation in corporate bodies), conditions for further financing of the SPV by the investor, rules for disposal of shares in the SPV (divestment) and rules for the further operations of the company originally responsible for the venture.