Head of Frank Jasmine Koh discusses the challenges facing startups, including access to capital, which becomes more acute in a softening economy, and a war on talent as founders compete for talented people.
We act for a broad range of investors, including:
Private equity funds
Institutional investors (superannuation and insurance funds)
High net worth individuals and other angel investors
This range of experience, together with our established relationships in the private capital industry, allows us to add significant value in guiding our clients through the investment process.
We assist venture capital, private equity and other fund clients throughout the lifecycle of a fund – from fund establishment, to portfolio investments, to winding down.
The Investment Lifecycle: whether a fund or other investment structure, we guide investors through the various stages of the investment cycle.
Our experience acting for family office clients on a range of transactions means we appreciate the nuances of this structure and its multidisciplinary needs of these organisations.
We also regularly act for founders, entrepreneurs, startup and scaleup businesses looking to raise capital. Our experience on both sides of venture and other private capital transactions allows us to deliver creative and commercial solutions to remove roadblocks and streamline the investment process.
Collaborative approach and breadth of expertise
As a leading independent law firm, we are able to offer full turnkey capability to investors and companies within the private capital market. We have deep expertise with fund establishment (including VCLPs and ESVCLPs), as well as advising on the wide variety of regulatory and compliance issues that go with managing a fund, eg AML/CTF, AFSL and FSR compliance. Our expertise extends to providing tax and structuring advice when establishing a fund and when winding it down.
We pride ourselves on the firm’s collegial culture, with our corporate, funds and tax teams working together closely to cover the complex range of issues that can arise in establishing a fund or undertaking an investment.
We also have particular expertise and experience in key industries, including technology and digital economy, financial services and insurance, health and community, and the public sector.
We have strong industry connections including with venture capital, private equity and other funds, family offices, high net worth individuals and angel investment groups, as well as the startup and entrepreneurial community more broadly. We are a member of the Australian Investment Council (AIC), the peak body for private capital in Australia.
We are passionate about supporting emerging companies as they grow and evolve, which often involves raising capital. We have our own startup accelerator program, called Frank Lab. It’s our way of giving back and contributing to the growth of the ecosystem. Our Frank Lab accelerator is an Early Stage Investment Company (ESIC) eligible program, which gives investors in the startups that participate in our accelerator access to significant tax incentives.
We are renowned for our Smarter Law approach. We look beyond the status quo to think differently and find efficient solutions that are optimal for the particular circumstances of each client. We are constantly challenging existing business models, implementing forward-thinking technological solutions and engaging in creative resourcing. For our investor clients, this means getting the deal done faster, cheaper and better.
Acting for BMY Group in establishing a number of private equity and venture capital funds.
Assisting Viapac Group with establishing and registering, with Innovation and Science Australia, an Early Stage Venture Capital Limited Partnership (ESVCLP).
Right Click Capital
Acting for Right Click Capital in relation to the establishment of the Sydney Seed Fund and its cornerstone investment in hipages Group (online home improvement listings).
Siemens Venture Capital GmbH
Acting for Siemens Venture Capital GmbH (the venture capital arm of Siemens AG) in the management of its investment in Magellan.
ANU Connect Ventures
Acting for venture capital Fund ANU Connect Ventures in relation to investment in a wide variety of targets including: Beta Therapeutics Pty Ltd, Nexus eWater Holdings, Inc, Instaclustr Pty Ltd, Liquid Instruments Pty Ltd, nuCoria Pty Ltd, and epiAxis Therapeutics Pty Ltd.
Significant Capital Ventures
Acting for Significant Capital Ventures on its investments in target entities (confidential targets).
Equity Venture Partners
Acting for Equity Venture Partners to advise on an investment opportunity and capital raising.
Provided advice to Moelis on the establishment (structure and documentation) of one of their VCLPs.
Giant Leap Fund
Provided tax advice to the limited partners of the Giant Leap Fund, LP on the structuring of their proposed investment in the Fund.
Acting for Everproof (background screening and verification platform) in connection with its $1.5 million seed round led by Westpac-backed VC Fund, Reinventure, and in relation to the ultimate sale of the Everproof business to corporate training marketplace, GO1.
Acting for a whisky distillery company in raising capital from a series of investors, culminating in a significant investment by Distil Ventures, Diageo’s VC arm.
Advising Nitro PDF (a venture capital investee company that owns the software for creating PDFs) on various corporate matters, including the issue of preference shares.
Providing advice to the ANU-MTAA VCLP on its day-to-day business and compliance matters.
We have worked for a number of start-ups where IAG or its VC Fund – Firemark Labs – has been involved as an investor.
Acting for the first VCLP to come to the end of its 15-year life pursuant to the Venture Capital Act 2002 (Cth).
Private Capital| 16 Aug 2023
Treasury recently released a consultation paper on the review of the regulatory framework for managed investment schemes. To discuss how these proposals might affect your business, contact us.
Private Capital| 21 Jul 2023
The Financial Stability Board (FSB) has published a set of policy recommendations for the regulation of crypto-asset activities and global stablecoin (GSC) to promote the comprehensiveness and international consistency of regulatory and supervisory approaches.
Private Capital| 17 Jul 2023
In a landmark ruling in the United States, Ripple's XRP is not considered to be a security, putting an end to a prolonged legal battle.
Private Capital| 13 Jul 2023
In this article, published in The International Journal of Blockchain Law, Partner John Bassilios and Lawyer Max Ding unpack Australia’s financial services and anti-money laundering laws, as applied to crypto products in Australia.