Practice Areas
Corporate advisory
CAPITAL RAISING
New Era Lawyers assists clients with raising capital to fund company expansions, and to assist with getting clients listed on the ASX. We work with clients ranging from small start-ups to public companies.
Capital raisings can provide a means for accelerating growth and creating new business opportunities. Private companies must work within certain capital raising exemptions. Public companies have greater capacity to raise capital, but generally must offer securities under a regulated offer document, such as a ‘prospectus.’ Public companies are also subject to significantly more regulation than private companies. Many public companies seeking wider access to funding will consider an initial public offering (IPO) and associated listing on the Australian Securities Exchange (ASX). Many companies have had successful IPOs, however, many others have experienced public failures.
Any company seeking to raise capital should ensure that it engages an experienced legal team, who can help them understand this complex regulatory landscape. Our lawyers have worked on a number of ASX IPOs and have advised on more than $400 million (AUD) worth in capital raising transactions.
MERGERS & AQUISITIONS
Buying or selling a business can be a daunting process. For larger transactions, buyers will thoroughly investigate the business’ operations, financial results, legal compliance, market position and culture. Often sale contracts are complex and expert advice is required in order to ensure that your commercial objectives are achieved and exposure to liability is limited. As your legal advisors, our role is to reduce complexity and provide you with the information you need to make informed decisions.
Clients seek our knowledge and strategic approach to M&A transactions. Our team is friendly and approachable, but if required, we can be formidable advocates in hostile transactions. We are known for our ability to simplify rather than complicate issues.
Our lawyers are highly experienced on advising and acting for clients for matters relating to:
• Purchasing and selling business interests, assets and shares
• Restructuring of entities for businesses and property developments
• Changing directors and/or owners of assets
• Business succession planning
The total value of merger and acquisition deals we have acted on exceeds $200 million (AUD).
DIRECTOR'S DUTIES
Australian directors are exposed to a uniquely burdensome liability environment. There is estimated to be over 700 state and territory laws imposing personal liability on directors. This does not even include Commonwealth legislation regulating corporations, taxation, work place health and safety and environmental laws. The problem is due to statutes treating directors or other corporate officers as personally liable for misconduct by their company unless they can make out a relevant defence. Our lawyers have experience in advising directors of ASX listed companies on their duties and obligations. Our lawyers also assist clients with establishing board charters and other corporate governance policies. We regularly advise directors on shareholder disputes as well as reporting obligations and shareholder meetings. We have also acted for directors in defending legal proceedings and have experience dealing with ASIC and the ATO on such matters.
COMPANY LAW
New Era Lawyers can assist you in ensuring that your company is complying with corporations law. We advise a range of companies from start up to public companies on issues such as:
• Director’s duties;
• Transactions with directors;
• Capital raising;
• Share dealings, including share issues, transfers and share buy-backs and capital reductions;
• Preparing and reviewing company constitutions;
• Shareholder meetings;
• Shareholder disclosures;
• Shareholder disputes; and
• Defending companies in prosecutions brought by the Australian Securities and Investments Commission;
Our lawyers have experience in advising directors of ASX listed companies on their duties and obligations. Our lawyers also assist clients with establishing board charters and other corporate governance policies.