The legal needs of an organisation are not only limited to the work completed by external lawyers to resolve and assist with matters, it is also necessary to manage the process, including the negotiation and documentation process to ensure that the expectations and needs to the organisation are met.
The legal needs of an organisation includes:
review and evaluation of the terms of deals, agreements for business deals and provide opinions and interpretations. This includes significant transactions as well as general day-to-day agreements with counterparties, banks and employment agreements
advisory roles and functions for the leadership and executive management of the corporation
assess the legal implications and ramifications of agreements
advise on affairs and matters affecting the organisation, including legislative and regulatory matters existing and proposed
providing legal guidance to the corporate governance matters of a corporation
compliance with regulations and laws that affect the organisation
conduct due diligence on investment proposals
While the documentation process can be outsourced to external law firms, larger organisations engage the services of an internal corporate lawyer manage the documentation process, to ensure that the needs and requirements of the organisation are met. Small and medium enterprises generally don't have sufficiently skilled internal resources to manage and review the process to ensure that external lawyers are reflected the organisation's expectations.
Without the aid of internal skilled support, there is a significant risk that there will be a gap between
Engaging a consultant to manage the engagement of external lawyers ensures that the requirements and needs of the organisation are fully reflected in the documentation process. It reduces the risk of a gap between the expectations of the organisation and its legal representatives, and includes:
identifying commercial issues that the organisation may not have considered when preparing a term sheet for a transaction such as dispute resolution, termination and exit processes and security needs
review the final documents reflect the agreed engagement terms
perform the essential function of providing legal guidance on corporate governance matters to ensure compliance with laws and regulations
provide initial advice before engaging external counsel, including providing structuring advice as well as identifying other issues that may affect the organisation or the terms of the transaction. This may include considering legislative and tax matters
provide advice to the leadership and executive management of the organisation of the implications and ramifications of documents and agreements
Services
The services that Executive Financial Services provides include:
• Corporate structuring
• Documentation management and review
• Asset acquisitions
• Shareholder and joint venture agreements
• Capital raisings, IPO's and associated documentation process
• Debt raising
• Due diligence on transactions
• Employee share and option schemes
• Corporations Act compliance and ASX listing rules