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Panel: China's Global Champions
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Panel: China's Global Champions
Partner Perspectives
cathleen_mclaughlin
Partner, Corporate Department
New York
What are the most significant differences between emerging and established markets in terms of accessing funding?
Risk assessment is the most significant difference. Most emerging markets credits are of a lower risk profile, which is reflected by rating agency ratings. Additionally, execution risk is very high. Not only do transaction structures change and evolve to reflect local markets, but volumes also are frequently lower. However, these jurisdictions are also evolving. Their volatility confers a nimbleness and creativity distinctive from developed markets—necessity being the source of invention
vivianlam
Partner, Corporate Department
Hong Kong
What are the most significant differences between emerging and established markets in terms of accessing funding?
Privately owned businesses in emerging markets face more challenges in accessing funding than their peers in established markets. Bank financing is often reserved for state-owned enterprises and politically-favored industries, and creditors and investors are deterred by concerns about governance issues, inadequate legal protection, market volatility, and currency risks. To navigate these challenges, businesses use more creative financing methods—for example, structuring hybrid instruments and adding credit enhancement features to make their products more appealing.
jennifer_yount
Partner, Corporate Department
Los Angeles
When looking to raise capital to fund innovation and R&D, what are the most important options for companies to consider?
Innovation is the lifeblood of a growing company; protecting it is vital for future growth. A key question that a company should ask a potential investor is: How well can we work together to build a sustainable funding platform that supports R&D as well as necessary IP protections? The best investors are those who can help the company seamlessly translate the “real” value of the business into a commercial proposition.
rob_carlson
Partner, Corporate Department
Palo Alto
When looking to raise capital to fund innovation and R&D, what are the most important options for companies to consider?
Companies seeking capital to fund R&D need to consider which investors can provide not just money, but expertise on how best to develop their products and technologies. These can be “angel” investors with experience starting companies, venture capitalists with experience taking companies through important stages of growth, or the R&D arms of larger entities that are industry leaders, able to provide access to potential customers and other important strategic relationships.
sam_waxman
Partner, Corporate Department
New York
What are the key issues to consider when structuring deals?
The hallmarks of a successful private capital raise, particularly at the early-stage level, are aligned expectations for both the company and investors as well as flexibility for the company’s future needs. Among the structuring considerations that are often used to achieve these goals are milestone-based financings, protective provisions that balance the need to raise capital in the future against new investors’ expectations, and sensible redemption rights.
teri_obrien
Partner, Corporate Department
San Diego
What are the key issues to consider when structuring deals?
Every deal has a unique set of issues—regulatory, geographic, and political—but great deal structures still depend on having the right fundamentals. These include securing the best price and financing arrangements; establishing and communicating strategic and organizational objectives; and having clear processes to manage key operations. Getting these right ensures that the key players can stay focused on critical issues, the business remains focused and motivated, and the end result is delivered successfully and without surprises.
sherrese_smith
Partner, Corporate Department
Washington, D.C.
Looking at the U.S. market, what are the essential regulatory issues for investors to consider as part of their capital raising process
There was uncertainty about foreign investment in U.S. broadcast and media entities until 2013. Then, in late 2013, the FCC clarified that it would permit aggregate indirect foreign investment in broadcasters to exceed 25%, but did not provide guidance on the specific criteria it would use to evaluate requests, indicating that it would consider this on a case-by-case basis. Until the FCC gives greater clarification of the factors it will consider, foreign investors may still hesitate.
mike_zuppone
Partner, Corporate Department
New York
Looking at the U.S. market, what are the essential regulatory issues for investors to consider as part of their capital raising process?
With the recently enacted FAST Act amendments, the JOBS Act “on ramp” provisions will provide more flexibility to IPO candidates. The amendments confer more control over roadshow timetables and eliminate the review of financial statements that will be excluded from the disclosure package at pricing. The regime governing private placements and crowdfunding has been fully implemented by the SEC and FINRA and we can expect continued innovation in capital formation, as witnessed by Fundrise’s first E-REIT marketed under the Regulation A+ offering regulations. Early-stage enterprises can now pursue growth capital in the publicly solicited private capital market, through regulated funding, portal-enabled crowdfunding, and reduced disclosure format mini-IPOs, an array of alternatives almost unthinkable a few short years ago.
garret_hayes
Partner, Corporate Department
London
What are the most significant ways in which technology is impacting the way companies raise capital?
Today’s financing market has been fundamentally reshaped by technology. Fintech has enabled the creation of new financing platforms for both retail and institutional investors in many markets, including in P2P and B2B investing and lending. Technology has also facilitated the sharing of in-depth market data and instantaneous communication, increasing the efficiency of cross-border financing. This places a premium on professionalism and experience throughout the deal-making cycle: all parties to a deal must be exceptionally prepared. Technology has been both a deal enabler and accelerator.
tom_brown
Partner, Corporate Department
San Francisco
What are the most significant ways in which technology is impacting the way companies raise capital?
Private companies have unprecedented access to capital, particularly at later development stages, which reflects a profound shift in how companies—particularly tech companies—are raising money. Founders (and early-stage investors) can use this access to capital to capture a larger share of the returns associated with growth, making listing less compelling. Funders and founders may also prefer to avoid listing to maintain greater control of strategic direction. The big question is whether this represents the “new normal” or whether public equity markets will again become attractive vehicles for financing growth.

EU SCREENING OF FOREIGN INVESTMENTS

Feb 6, 2019, 07:36 AM
Description:
Negotiators reached a political agreement on an EU framework for screening foreign direct investments, and introduced an alert mechanism enabling regulators to act on short deadlines.
URL:
https://www.paulhastings.com/publications-items/details/?id=57e3226c-2334-6428-811c-ff00004cbded
Is External Article:
Yes

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