As a Business Lawyer you are responsible to assist your Client to view the legal aspects and legal perspectives relating to their business venture. In case your Client desires to expand their business which requires additional funds, such Client may try to seek new funds through adding new business investors to participate equity in the Company of your Client or adding funds through loan arrangements, or seeking funds from public in the Stock Capital Market or enter into a cooperation arrangement with a certain business company who desires to cooperate with our Client relating to the business venture our Clients desires to perform.
Whatever the alternative business method which your Client elects, as a Business Lawyer you are responsilble to advise your Clients with all of the legal aspects and legal perspective relating to such above business choices. In practice in the begining of the venture, you are requested by your Client to accompany your Client in the meetings and negotiation with the prospective investors who desires and is willing to explore the business opportunity with your Client. Usually besides the Business Lawyer, your Client may also involve the Finance or Business Management Consultant, Tax Consultant and the respective technical expertise relating to the business field your Client is involved or desire.
Initially if there are initial meetings of minds of intentions between your Clients and the prospective Investors, Financier relating to the business which are being explored, as a Business Lawyer you may be requested to draft and prepare a Letter of Intent or Memorandum of Understanding ( MOU). Accordingly, as a Business Lawyer you must really listen and jot down the significant elements and points which can cover the business intention of your Client and such prospective Business Investors or Financier.
You may incorporate the legal perspective of such business initial intention which are being explored by your Client and the prospective Investors, Financier. If your Client's counter partner intents to participate in Equity Share in the Business Company of your Client, such prospective Investors may request to look at the financial data and the legal documentation such as the Corporation Deeds, the Shareholders of your Clients Company, the Asset Legal Deeds, licenses, Loans from Bankers to your Client including any collateral attached as well as any other legal exposures relating to the Business Ventures of your Clients.
For this purpose your Client may make available of such above data in the data room to such Prospective Investor. However, before such data or information are given to the prospective Investors, you as the Business Lawyer shall prepare a certain Confidential Agreement to be signed by the Prospective Investors for the purpose to protect your Clients Business Confidential data being disclosed to other parties,
Well the above are some brief writing relating to Business Legal Perspective that has to be taken into consideration by Business Lawyer.
Jakarta, 20th January 2010
Agung Supomo Suleiman
Partner of Suleiman Agung & Co