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Case study

Advising a Software Company on Raising Capital

Choosing a funding structure, preparing for investor due diligence, negotiating terms and protecting the company's IP and control.

Practice area: Mergers and Acquisitions

Choosing the right funding structure

We guided the company in deciding whether to raise capital through equity, debt or a combination of both, assessing its financial position, growth potential and appetite for risk to find the best route.

Preparing for investor scrutiny

We helped the company prepare the necessary legal documents and disclosures, including its business plan, financial statements, intellectual property assets and contracts, and made sure its corporate governance and compliance were ready for investor due diligence.

Negotiating terms

We helped the company negotiate favourable terms with investors, making sure the valuation, equity dilution and voting rights were fair.

Protecting IP and control

Intellectual property is a software company’s key asset. We made sure the company’s IP was properly protected and structured the investment agreements so the company kept control over these assets.

We also drafted a shareholders’ agreement setting out the rights and obligations of each party, protecting the company from conflicts with investors and keeping key decisions, such as future fundraising, hiring and IP licensing, with the company.

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