INVESTMENT SUPERVISION

You invest your capital and your partner says they will take care of the rest? Or perhaps you’ve already invested and something went wrong? Now you have a problem! If you are looking to make investments, keep an eye on your capital and future returns before giving someone else control over it!

Investment groundwork, how to ensure safety of investment:

• We introduce tools to allow you to control your business.
• We increase the security of investments and/or transactions by building the appropriate structure and implementing the optimal legal and tax solutions from the start.
• We help you create the right structures to settle transactions and obtain funding/financing (escrow, mortgage, enforcement, etc.)
• We carry out legal and accounting due diligence.
• We do our utmost to anticipate all possible risks associated with your specific investment.

Investments

• We manage domestic and international acquisitions efficiently utilising Polish and international corporate instruments e.g. holding companies, funds, etc.
• We link the various investment sides with each other, in the following configurations among others:
  • investment purpose (on acquisition) -> investor
  • capital (for investor) -> target
• We actively support investors and companies in all financial and business aspects of the process.
• We support our clients in negotiations.
• We mediate in talks with banks and Investment Fund Groups, ensuring the costs of managing our clients’ investment portfolios are optimised.  We have so far set up more than 200 investment accounts.

Exits

• We support you in monetising your investments, i.e.:
  • we plan cashflows from a legal and tax standpoint,
  • we advise on settlements,
  • we draft legal documents for the settlement of funds.
• We advise you on how to reinvest your funds.
• We minimise costs by reorganising or simplifying structures after or before you monetise your investment:
  • transfer of headquarters (domiciliation) to or outside of Poland,
  • liquidations, mergers, changes of legal structure.

When things don’t go according to plan

• We provide legal and tax support to minimise losses from failed investments.
• We help investors reorganise their financial situation and withdraw from loss making business ventures.
• We advise on activities aimed at eliminating risks and limiting personal responsibility.

We operate internationally

• We provide support in business relations with overseas contractors;
• We have experience in building business relations in diverse legal environments and business cultures, as a result we are efficient and effective communicators;
• We optimise the management of your investment portfolio by international financial institutions by reducing costs;
• We provide registered companies that are transaction vehicles both in Poland and abroad;
• We enable a comprehensive assessment of the attractiveness of investments in the location of your choice;
• We provide comprehensive advisory support, including legal and tax for cross-border investments.

Case studies:

PRIVATE EQUITY INVESTMENT TRUST VS ALTERNATIVE INVESTMENT COMAPNY. YES TO INVESTMENTS AND NO TO COSTS

Simplifying the investment structure by transferring assets from a Private Equity Investment Trust into a general partnership and its subsequent merger with an Alternative Investment Company – preparing to carry out investment activities through a more flexible and cheaper to maintain special vehicle – structuring transactions, carrying out negotiations, providing comprehensive legal services and tax oversight, representation before the Financial Supervision Commission.

RISK MANAGEMENT AND REORGANISATION FOLLOWING AN UNSUCCESSFUL INVESTMENT BY AN INTERNATIONAL INVESTOR

Legal and tax support provided to an American investor in Poland, as a result of a dispute with a business partner. The following problems were identified and needed addressing:

• failure to establish a proper control system to carry out and achieve investments goals
• failure to put in place measures allowing to block nefarious acts committed by business partners
• failure to put in place proper documentation detailing transfers and agreements/arrangements

Those in turn required:

• a full and detailed audit of the company and the investor’s state of affairs,
• the development of a plan to minimise losses and manage risk,
• reorganising the structure.

SUPPORTING INVESTOR ENTRY INTO A NEW TECHNOLOGY STARTUP

Investor entry into QNA Technology sp. z o.o. (colloidal technologies) – drafting of investment contract, negotiations, amending the company’s statue, and implementation and management of the transaction. Carrying out the groundwork for the company and its shareholders to enable the entry of a strategic investor. The project involved the creation and implementation of a legal instrument that protected the founding partners in their negotiations with the investor.

MULTICULTURAL NEGOTIATIONS OF TRADE AGREEMENTS

Business negotiations of trade contracts on the Russian, Nordic and Arab markets to ascertain and establish trading conditions. Support in finalising contracts and executing commercial orders.

PROVIDING INVESTOR SECURITY IN THE FINANCING OF A REAL ESTATE COMPANY

Managing the refinancing of company involved in prime real estate, carrying out negotiations, providing a loan, as well as putting in place a number of security features (such as: mortgage, guarantees) to enable the side obtaining funding to carry on with their real estate transaction.

SUPPORT FOR STRATEGIC INVESTOR, SECURING THEIR POSITION IN A STARTUP ON ENTRY

Managing the entry of an investor into Cools Group S.A. (ice cream production) through due diligence, negotiation of letter of intent and term sheet, implementing carrying out transactions, creating of a PLC, drafting of statutes and financing plans, putting in place corporate governance and day-to-day management.

VENDOR’S DUE DILIGENCE – PREPARING THE COMPANY FOR INVESTOR ENTRY

Preparing the Sigmoidal group of companies (IT industry) for the entry of an external investor, including client support by conducting an internal audit (vendor’s due diligence) and participation in negotiations.

INTRODUCING PARTIES IN A FINANCING DEAL, NEGOTIATING COLLATERAL, CLOSING TRANSACTIONS AND MONITORING INVESTMENTS

Supporting a fibreoptic infrastructure development company in obtaining additional financing, introducing all parties involved in the transaction, managing the negotiations of the investment contract and miscellaneous agreements (providing a complete set of collaterals), monitoring spending, interest payments and final statements.