Key legal issues for UK private equity dealmakers to consider in 2022 can be found in the latest edition of the UK chapter of The Legal 500: Private Equity Country Comparative Guide 2022, authored by myself alongside finance partner Alex Robb, tax partner Andrew Howard and private equity transaction counsel Shona Ha.
The chapter is structured as a Q&A and addresses the key legal aspects of doing PE deals in the UK, as well as highlighting some recent legal updates and trends including:
- The new UK foreign investment rules (the National Security and Investment Act), which came into force on 4 January 2022 and enable the UK Government to scrutinise and potentially intervene in certain transactions for national security reasons
- A market trend in selling sponsors rolling over or retaining a stake in their portfolio companies by selling to a continuation/affiliated fund
- Overview of the key areas of negotiation between borrowers and lenders including on syndicated financings
- Some examples of new seller-friendly provisions in SPAs to further protect the seller from regulatory filings risk
For full details, please click here.
In the context of larger deals, club or consortium deals are also on the rise with no one sponsor having a controlling majority. We are also seeing a trend in selling sponsors rolling over or retaining a minority interest in respect of attractive assets by selling a stake to a continuation/affiliated fund.