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Private equity and venture capital

Effective advice can be the difference between success and failure in private equity and venture capital arrangements. Kensington Swan has extensive experience in New Zealand and overseas, in all aspects of private equity, venture capital investment, and investment funds.

We have expertise in:

  • investment planning
  • structuring and execution
  • consolidation
  • exit strategies, including sales, mergers, and initial public offerings (IPOs).
 

Tailored approach

We are experienced in guiding investors and companies looking to raise capital. Our advice is tailored to fit your needs, whether you require funding as a seed or early stage company, a later-stage company looking for additional capital, or to gain a strategic stake in the enterprise.

We can advise on the best structure to facilitate the establishment and ongoing management of investments, and such issues as:

  • expansion and acquisition transactions
  • management buy-outs and buy-ins
  • incentive plans for senior management
  • overseas investment by New Zealand funds
  • investment in New Zealand by overseas funds
  • subscription agreements and shareholder agreements
  • management contracts.
 

Coordinated approach

Our lawyers work with our other specialist teams, such as banking and finance and employment, to ensure risk is minimised and outcomes maximised.
 

Recent experience


CHAMP Private Equity Limited

We advised CHAMP Private Equity Limited on the New Zealand law aspects of the sale of its interest in global education provider Study Group Pty Limited. Study Group is an acknowledged leader in international education specialising in the provision of world-class university access and English language programmes. Study Group was sold to rival US-based buyout firm Providence Equity Partners for A$660 million. We provided our client with advice on due diligence and New Zealand-specific transactional matters, which gave them comfort their position was protected for relevant New Zealand law.


Maori Trustee

We acted for the Maori Trustee on an investment in Miraka Limited, which was incorporated to construct and operate a $91 million whole milk powder facility at Mokai, near Taupo. We advised them on all legal aspects of the investment, including assisting staff in the identification of risks and the mitigation of those risks. Staff also needed to remain aware of the Trustee’s legal and common law duties. With our assistance the investment was successfully completed, with Maori Trustee following a robust and well-documented assessment process, in compliance with best practice and all legal obligations.


Hirequip

We advised Hirequip (formerly Southern Capital), an NZX-listed company, on its aggregation acquisition strategy over a five-year period. This included the acquisition of hire companies and businesses throughout New Zealand. Subsequently, we provided advice on the takeover of Hirequip. In that time, we advised on a range of NZX-related issues and the takeovers code and provided legal and commercial input into Hirequip’s overall strategy.This included due diligence on target companies, and advice on acquisition agreements and financing structures to support the growth strategy.


Surveylab Group Limited

We acted for the founding shareholders of technology company Surveylab Group during negotiations with a venture capitalist over investment in the company. This involved negotiation of an investment agreement and constitutional documentation that provided preferential rights to the investor for new share issues, control, reporting, and acquisitions of other shareholders’ shares in the event of default.


AMP Capital/Pencarrow Private Equity Limited

We acted for Pencarrow (on behalf of AMP Capital) on the investment of funds in Pacific Horizon Holdings Limited. This involved a group restructure and acquisition of 50% of the shares requiring negotiation of investment and shareholder agreements, together with funding and management agreements.



Related legal services

Mergers and acquisitions
Security markets and NZX
Business structures
Corporate governance
Company law

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