Fundraising

Fundraising counsel, term sheet and documentation.

Whitepeak Law assists founders and investors through their fundraising rounds: term sheet negotiation, structuring of financial instruments, and drafting of investment documentation.

Practices

Areas
of practice.

Term sheet negotiation

Analysis and negotiation of the term sheet submitted by investors: valuation, anti-dilution mechanisms, preferential rights, ratchets, liquidation preference, and post-round governance.

Investment documentation

Drafting and negotiation of the legal documentation for the fundraising: shareholders' agreement (SHA), subscription form, extraordinary general meeting minutes, and articles of association update.

Financing instruments

Structuring of financial instruments used in the round: ordinary shares, preference shares, warrants, convertible notes (OCA, OC), and debt financing.

Preparation and compliance

Preparing the company for the fundraising: prior legal audit, cap table clean-up, articles of association and governance compliance, and support through investor due diligence.

Clients

The clients we advise.

Startups and scale-ups

Support for early-stage companies through their first fundraising rounds (seed, Series A, B): negotiation with VC funds, structuring of documentation, and protection of founders' interests.

Founders in Series B and beyond

Advice on larger fundraising rounds involving growth funds: complex anti-dilution mechanisms, enhanced governance, and exit preparation.

Business angels and family offices

Structuring of seed-stage investments: warrants, convertible notes, protection of minority investor rights, and preparation for subsequent rounds.

Regulated sector players

Fundraising involving licensed companies: coordination with regulatory constraints upon the entry of new shareholders and changes in governance.

Approach

A practice driven by decisions.

Defence of founders' interests

In a fundraising round, the documentation proposed by investors is often favourable to them. Whitepeak Law defends the interests of founders and negotiates balanced terms that preserve their ability to act.

Senior attention on every matter

Every matter is handled by the founding partner. First point of contact, last reviewer. No delegation of judgment on negotiations that commit the capital structure over the long term.

Cross-disciplinary coordination

Coordination with tax advisors to optimise the structure of financial instruments, and with accounting advisors for the update of the balance sheet and share register.

Paris Bar·UCLA School of Law·MIT Sloan School of Management·White & Case·Allen & Overy·Former Partner, Beaubourg Avocats

Your fundraising round.

Confidential initial consultation to analyse your situation, qualify the key issues of the round, and define the best negotiation strategy with your prospective investors.

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