Corporate transactions in the technology sector have specific dimensions for which sector specific knowledge is critical. Lawyers in our TMT practice have the experience, skills and commercial awareness to advise on corporate transactions ranging from nimble early-stage financing to multi-jurisdiction exits by trade sale.
Tanner De Witt has a strong track record advising on venture capital transactions at all stages of the funding cycle from angel and seed investment, though the alphabet rounds, and to exit by trade sale. The experience of the lawyers in our TMT practice lends itself to the industry knowledge and awareness demanded for this work. We regularly represent VC firms and institutional and strategic investors. We provide advice from term sheet to termination, giving practical guidance on the market range for deal terms, leading on negotiations and drafting, and documenting the legal terms for the investment.
We have significant experience advising on US-led investments and we are regularly instructed by US law firms seeking Hong Kong legal representation for venture investments.
Tanner De Witt is deeply committed to the development of an innovation culture and community in Hong Kong. We actively participate in a broad range of activities to foster development of entrepreneurs and founders in Hong Kong. We are strongly connected to government bodies, universities and accelerators in Hong Kong, and frequently provide training, mentorship and support to their programmes.
This commitment has led to a vibrant practice representing founders of emerging companies. We regularly represent founders on the protection of their interests in the course of financing rounds and in the course of exits by trade sale. We advise on cap table management, rights between founders, maintenance of business management control, corporate structure and planning for exit. We also advise on founder and other shareholder disputes.
M&A and general corporate
Tanner De Witt’s M&A lawyers have extensive experience advising on all aspects of domestic and cross-border mergers and acquisitions from initial due diligence stage through to completion. We have a thorough knowledge of business entities and structures in a number of jurisdictions. We have strong connections and working relationships with law firms in many jurisdictions. We are ideally placed to lead or support on trade sale and other exits for businesses in the TMT sector, and we regularly advise on those transactions for acquirers, or selling founders.
Tanner De Witt covers all areas of commercial and business law, especially where technology, regulation and intellectual property have a significant impact. We advise on a broad range of corporate matters that arise during business growth including business expansion to other countries, establishment of new holding companies for group operations, adoption of equity incentive plans and corporate structuring in anticipation of exit or public offering.
We regularly advise on:
- Investment term sheet
- Future equity deeds (SAFEs), convertible loan notes and bridge financing
- Equity financing and debt financing transaction documents from seed to alphabet
- Investment transaction management to closing
- Investment due diligence
- Pre-investment restructuring
- Founder shareholder arrangements (including reverse vesting)
- Founder shareholder dispute resolution
- Exit by share sale, asset purchase, merger, exclusive licensing or acqui-hire
- Mergers & acquisitions
- Equity incentive plans
- Joint ventures
- Establishment of new companies and businesses
- Corporate governance
- Assisted Coherent Group, a Hong Kong headquartered, international insurtech company, in respect of its Series A investment round.
- Advised a Hong Kong-based, venture capital backed accelerator programme on the special and unique funding arrangement used to secure the funding for operating its accelerator programme and provided legal training sessions to its participating startups.
- Advised, drafted and reviewed investment term sheets for an intended Series A investment round and reviewed and drafted non-disclosure agreements for a Hong Kong biotech company.
- Advised the founders of a Hong Kong-based biotech business on investment term sheet negotiations and preparation for a Series A investment round in respect of a business focused on developing and commercialising cancer drug therapies.
- Advised a Hong Kong-based seed venture fund on its indicative term sheet for fundraising and on strategic negotiations.
- Advised Hong Kong healthtech business on corporate structure, minority shareholder matters and an investment round, in respect of an innovative life sciences company focusing on eye treatment and care.
- Assisted a US-headquartered SaaS platform as purchaser of a Hong Kong private company that operates an online influencers platform operating primarily in mainland China.