Global Venture Capital Transactions: A Practical Approach

The venture capital and private equity industries are among the most characteristic and visible segments of today s global economy. As we approach the midpoint of the first decade of the 21st century, these industries have clearly matured and left behind the much-publicized excesses of the 1990s. It is now incumbent upon practitioners to thoroughly understand the legal structure of venture capital transactions, not only in their own country but also due to the typically cross-border nature of such transactions in numerous jurisdictions worldwide.

This very useful book has been prepared under the auspices of the Association Internationale des Jeunes Avocats (AIJA) following a working session held in Edinburgh in August 2003. It provides practitioners with the first overview of the legal requirements attached to venture capital transactions in a variety of jurisdictions, encompassing both developed and developing nations. An introductory chapter presents a global view, addressing venture capital issues that tend to arise under any legal circumstances.

Then, for each of twelve countries, an experienced practitioner in the venture capital field offers detailed discussions of his or her country s legal system as it pertains to the protection of investors rights and company s investments, regulatory issues, and enforcement. Specific topics discussed where applicable for each country include:-

• documentation;
• due diligence;
• valuation standards;
• representations and warranties;
• intellectual property;
• compensation of key personnel;
• disclosure;
• exit strategy;
• corporate governance roles;
• tax issues;
• securities law requirements;
• restrictions on foreign direct investment;
• and availability of court orders

Global Venture Capital Transactions goes a long way to fulfilling the need of practitioners and entrepreneurs to structure cross-border venture capital transactions that are not only initially successful but enjoy continued profitability with the strength to overcome inevitable obstacles. It will be warmly welcomed by the venture capital and private equity community throughout the world.