Solving problems, facilitating transactions
Using our considerable experience of acting on both cross-border and domestic merger and acquisition transactions, we have devised an extensive range of trust structures, often on a bespoke basis, with widespread application.
This may be to:
- Meet a series of commercial requirements
- Solve problems that might otherwise inhibit the transaction
- Avoid different risks or to provide certainty
- Satisfy regulatory requirements
- Where one of the parties to a joint venture wishes to protect against the potential insolvency of the other.
Using experience and flexibility to provide trust solutions
Law Debenture has significant experience of meeting such requirements by using carefully developed trust-mechanisms including:
- Holding shares in the target company as an independent security trustee in connection with vendor-financing
- Separating economic benefits from voting-rights, perhaps to satisfy regulatory requirements
- Operating a golden or “blocking share” with special voting-rights but no entitlement to receive dividends
- Safeguarding the operation of a separate shareholders’ agreement
- Facilitating creditor earn-out participation in a business sold by a receiver.
We regularly provide escrow services for merger and acquisition transactions.