Electronic signatures: 5 pitfalls to avoid

Not too long ago (at least the older members of our team like to think so) completions were a distinctly physical affair; rooms full of paper that the signatories would ceremonially parade around, signatures provided where instructed by their lawyer, and swiftly inspected by the counterparty’s lawyer to check all were true “wet ink” originals….

MACs and more – 4 M&A trends through lockdown

  While the On Target editing desk has been quiet in the last few months, our clients haven’t been, and the M&A market has bounced back remarkably since autumn 2020. In this edition, as we look ahead to a year of resumed activity, we share a few COVID-19 triggered transaction issues, M&A trends and legal…

The forever fund: evergreen capital in private equity

The traditional private equity fund is a 10-year close-ended vehicle, with a five-year investment period and an average holding period of three to six years. Some argue that the time-limited model encodes short-termism into the private equity perspective. The manager’s decisions to buy, hold and sell investments are influenced or even ordained by the ticking…

The new Corporate Insolvency and Governance Act 2020: 10 of your questions answered

There has been much focus in the corporate and insolvency world on the Corporate Insolvency and Governance Act (the “Act”) which made its way through the UK legislative process at breakneck speed and entered into force on 26 June 2020. The Act introduces both permanent, ground-breaking reforms to corporate insolvency law, including the introduction of…

“Knock, knock” – how to approach negotiations with your lender: 5 top tips

Our previous article covered aspects of a company’s third-party credit facilities that could cause concern in light of the hardships caused by COVID-19. In this piece we provide practical tips on how a borrower might approach discussions with third party lenders to refinance or adjust the terms of its facilities 1. Engage early and decisively…

What can secondaries do for LPs and GPs?

Secondaries can help with LPs and GPs that are going to need ways to confront and resolve the particular challenges imposed on them by the coronavirus-induced economic crisis: As has been widely reported, many portfolio companies are severely impacted and in desperate need of cash. Private equity-backed companies do have access to the parent fund’s…

5 typical concerns of cash-strapped borrowers

Welcome to the second article in a series of three. The previous article in the series covered the key grounds on which directors of cash-strapped companies could be held liable for their or the company’s acts, and in this piece we focus on five aspects of a company’s third party credit facilities (term loans, revolving…

Directors of cash-squeezed and distressed companies – 5 liability points to note

  We recently published an article that covered dealings between directors and their companies, and concluded with a reference to acts that can be challenged in the unlikely event of administration or other insolvency process. How quickly circumstances change; two months later, even the healthiest of businesses are preserving cash and those ‘unlikely’ events are…

Director dealings – 5 flashpoints

Last month’s Quick read summarised upcoming Companies House transparency reforms. This month, we continue on the topic of accountability and transparency, highlighting arrangements and dealings between a company and its director that would breach English company law, whether undertaken knowingly, or not. In situations where the directors and majority shareholders approve of the relevant arrangement,…

Drawing back the veil: A summary of upcoming Companies House transparency reforms

The UK’s registrar of companies, Companies House, is undergoing a transformation. While transparency and ease of doing business have always underpinned UK policy, Companies House is now addressing growing concerns that the UK’s framework is open to misuse. The main areas of focus are: accuracy of information held at Companies House; abuse of personal publicly…

Browser Compatibility Notice

Welcome to MJ Hudson. Please note, this website will not function as intended on Internet Explorer.

For the full experience, we recommended viewing this website on a modern browser, such as Edge, Google Chrome or Mozilla Firefox.

Share this page using the options below
n PnlmQI SafUM Z