Investment Funds – Transactions and Investor Relations
We advise investment funds on portfolio company investments, day-to-day operations, and investor relations. We draft co-investment documentation, assist with exercising ownership rights in portfolio companies, and handle disputes arising from transaction documentation.
We tailor our support to the fund’s structure and the specific venture. We account for decision-making mechanisms, investor commitments, and applicable regulatory requirements.
Relations with Investors and Co-Investors
We draft and negotiate investment agreements and shareholders’ agreements. We assist in structuring capital commitments, distribution waterfalled returns, information access rights, and governance frameworks.
We advise on establishing co-investment structures and managing structural modifications. We integrate legal analysis with tax advisor coordination to ensure documentation reflects the agreed commercial model.
Investments and Portfolio Companies
We handle equity acquisitions and disposals, add-on acquisitions, and documentation amendments during the investment holding period. We support funds in exercising rights under shareholder agreements with portfolio partners.
We advise on adjustments to corporate governance rules, financing arrangements, and exit strategies. We help evaluate the implications of proposed decisions on relations between the fund, co-shareholders, and management boards.
Ongoing Corporate Support and Dispute Resolution
We support funds with corporate, contractual, and employment matters arising from ongoing operations. The scope of retainer legal services is customized to client requirements.
We represent funds or portfolio company founders in disputes concerning the performance of investment agreements, shareholders’ agreements, and share purchase agreements. We also advise on fund-investor relations, analyzing contractual terms, available claims, and resolution strategies.
Questions and Answers
Does MFW Fiałek advise funds beyond company acquisitions and disposals?
Yes. We draft investor and co-investor documentation, support funds with ongoing corporate matters, and negotiate contractual amendments. We also assist in exercising equity rights in portfolio companies and resolving disputes arising from investments.
What should be regulated in an inter-investor agreement?
An inter-investor agreement should define capital contributions, governance rights, information sharing protocols, and profit allocation waterfalls. It is equally important to address follow-on funding obligations, transfer restrictions, and termination procedures. Specific provisions depend on the legal form and operating rules of the investment structure.
How does the firm support a fund’s relationship with portfolio founders?
We negotiate governance principles, investor and founder rights, and exit conditions. During ongoing collaboration, we help interpret agreements, implement agreed contractual mechanisms, and update documentation. We also represent clients in disputes concerning these arrangements.
What post-transaction disputes does MFW Fiałek handle?
We handle disputes arising from share purchase agreements, investment agreements, and shareholders’ agreements. These may involve breaches of representations and warranties, specific indemnity claims, or corporate governance rights. Depending on the matter, we represent funds, co-investors, or company founders.
