Venture capital

This overview is a guide to the Lexis®PSL Corporate content within the Venture capital subtopic, with links to the appropriate materials.

Venture capital investment background and financing

Venture capital is a type of private equity investment provided to start-up businesses with little or no operating history. These businesses are generally too small to raise capital in the public markets and are unable to secure debt finance. It is a high-risk investment and accordingly the investor will require a high rate of return.

Venture capital firms investing in these companies bring managerial and technical expertise to the business.

There are different phases of venture capital investment, depending largely upon the stage of the investee company’s development and the level of investment required.

First round investment in very early-stage businesses, or seed capital investment, is usually confined to family and friends of management, as well as business angels.

Second and subsequent rounds of investment, beyond seed capital stage, are generally the focus of venture capital firms, investment trusts, venture capital trusts, enterprise capital funds and business angels.

Venture capital funds (otherwise referred to as private equity funds) are operated by

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High Court clarifies position of sole directors under Model Articles and the interaction between UK sanctions regulations and in-court appointment of administrators (Re KRF Services (UK) Ltd and others)

Restructuring & Insolvency analysis: This High Court case (which addresses two important issues in UK company law and sanctions regulations) will be of interest to insolvency practitioners, corporate and restructuring lawyers, sanctions lawyers, and businesses and individuals which are affected by sanctions. Firstly, it clarifies the position of sole directors under the Model Articles for private limited companies. The court ruled that a sole director can validly pass board resolutions and bind the company, regardless of whether they have always been the sole director or were previously part of a multi-member board. This interpretation resolves conflicts between Article 7(2) and Article 11(2) of the Model Articles, with the court favouring Article 7(2)'s provisions. Secondly, the case examines the interaction between UK sanctions regulations and the in-court appointment of administrators. The court determined that making an administration application and order does not breach asset-freezing sanctions, even when the company is designated or controlled by a sanctioned person. While an Office of Financial Sanctions Implementation (OFSI) license is typically required for administrators to act, the court retains discretion to make immediate appointments in urgent situations. Written by Joshua Ray and Duncan Henderson, partners at CANDEY, which acted for the First and Second Applicants on this matter.

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