Microsoft Innovation Center Brussels

The entry of a new investor in the capital of the company requires to ask yourself the right questions and to make the right choices:

• How to arrange a private placement?
• How to secure a commitment to subscribe to the capital?
• Should we increase the capital or provide a bond issue?
• What are the usual and legal steps to realize a capital increase?
• What are the terms and conditions of a subscription agreement?
• What techniques to keep all or part of the control in favour of the founder?

15h15 - 15h30: Break

15h30 - 16: The shareholders’ agreement – presented by Alexandra Pardou - (Dewolf- Law)

The entry of new investors in the capital of a company is usually a crucial stage in its development. It is therefore essential to prepare this operation carefully and consider all aspects it entails, including the resolution of legal relationships between the old and new shareholders.

This is precisely the subject of shareholder’s agreements which aim to organize, with due confidentiality, the relations between shareholders in a more elaborated way than do the articles of association.

• What does it take to ensure the maintain of the control of its company when the majority of funding comes from outside investors?
• How to avoid diluting its stake in case of a capital increase?
• What will happen when a shareholder decides to sell shares to a third party? Will it be possible to oppose and/or to choose to acquire preference shares?
• As a minority shareholder, what should be set up to ensure a decisive contribution to the decision making in the company?
• Under what conditions do we distribute profits to shareholders?
• Who will have the authority to engage the company?

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