Overview A receiver is one of a number of means by which a bank / mortgagee can enforce a mortgage. A receiver under a mortgage granted by an individual is often referred to as a “fixed charge” or LPA (Law of Property Act) receiver. This is to distinguish this kind of receiver from a floating […]
Use of Shareholders Agreement A shareholders agreement is an agreement between the members of the company to exercise their rights as shareholders and their voting rights in such a way as to give effect to the terms of the agreement. Sometimes the company itself is a party to the agreement. Shareholders agreement are highly desirable […]
Introduction This note deals with some key issues that arise in the negotiation of shareholders agreements. It is particularly relevant to the scenario where the company constitutes a joint venture vehicle. It is also relevant to a private company with a two or more shareholders, each with a significant holding. Many of the issues […]
Loan Finance The majority of small trading businesses fund themselves from bank lending and retained funds. Loan finance can extend from short term finance, typically provided by a bank, to longer term finance provided by investors. In the case of longer term finance and funding, the investor may acquire an interest in the business. A […]
Overview Private Equity or Venture Capital refers to financing arrangements where the source of money that has financed the transaction is a private fund, specifically established to invest in private companies, rather than public quoted securities or bonds. Private equity transactions obtain their money from a wide range of sources such as pensions funds, banks, […]