FDI can be a vital source of economic growth, but also an inherent means by which a country's national security and other domestic interests can come under threat.
From early strategic advice on the applicability of FDI regimes to steering transactions through the review processes, our priority is to ensure successful outcomes for our clients across multiple jurisdictions offering a consistently high level of service. Failure to adopt a clear, coordinated strategy and to carefully consider the implications of FDI rules early on can expose parties to significant legal challenges and costs, as well as delays to their deal timetables.
Stephenson Harwood has FDI experts throughout the UK, European Union (including France), Asia and the Middle East, regularly advising clients on these evolving and challenging regulatory regimes. Where we do not have specialists, our FDI experts work closely alongside experienced local counsel to ensure all necessary regulatory consents are obtained swiftly to meet the commercial objectives of the transaction in question.
Click here to access the recordings of our recent foreign direct investment in focus webinar series.
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The Legal 500 UK 2021
Radio frequency and microwave technologies
Advised Alaris Holdings Limited on the public interest regime under the Enterprise Act 2002 and the application of the National Security and Investment Act 2021 ("NSIA") in respect of its acquisition of Linwave Technology Limited, a supplier of radio frequency and microwave component products with various end-use applications.
Agriculture
Advised a global agricultural company on the sale of a 50% shareholding in one of its subsidiary companies to an investment firm, successfully securing FDI clearances in the United States, Spain, Romania and Australia. COMESA, Serbian and Egyptian merger control clearances were also secured.
Cyber security
Advised Kroll on the implications of its acquisition of Redscan, a UK-based cyber security firm, under the NSIA and the public interest regime under the Enterprise Act 2002, ensuring the transaction was completed successfully.
High technology products used in the defence sector
Advised a private equity fund in obtaining French FDI clearances in the context of the acquisition of a French manufacturer of high technology products intended for incorporation into missiles, radar or military aircraft.
Biotechnology
Assisted a global pharmaceutical company, headquartered in the United States, to obtain French FDI clearances in the context of the purchase of a French biotech developing biomarkers in the oncology and neurology sectors.
Data Centres
Advised the founders and shareholders of a French data centre operator and B2B internet provider in connection with the FDI issues arising from the sale of their company to a strategic European data centre specialist.
Telecoms
Advised the BW Group in obtaining regulatory clearances from: (i) the Overseas Investment Office in New Zealand, (ii) the Australian Foreign Investment Review Board in Australia, and (ii) the Committee on Foreign Investment in the United States, in respect of its acquisition of shares of Hawaiki Submarine Cable and International Connectivity Services.
Digital media
Advised Swiss-headquartered digital media group, Ringier AG on its internal restructuring involving IM Ringier Company Limited, a Myanmar Investment Commission-approved company, ensuring compliance with the Myanmar Investment Law 2016.
Professional services
Advised Kroll in obtaining regulatory clearance from the Cayman Islands regulatory authorities in its acquisition of Borrelli Walsh, a leading specialist restructuring, corporate recovery, insolvency and forensic accounting firm.
A Chinese e-commerce company
Advised a Chinese based e-commerce company on the expansion of its activities throughout the Gulf Cooperation Council ("GCC") region, which included providing advice in relation to regulatory and FDI issues.
A major Chinese multinational technology corporation
Advised a major Chinese multinational technology corporation on their operations and their controlling investments in their portfolio throughout the GCC region. This involved providing advice in relation to FDI regulatory issues as well as corporate ownership structuring and governance issues.
A Russian multi-national
Advised a major Russian multi-national internet company on their GCC regional FDI regulatory issues as well as corporate ownership structuring issues.
A regional GCC Government
Advised on changes to the rules on the foreign ownership of companies under the Foreign Capital Investment Law, prepared drafts of foreign ownership of land regime, drafted a Free Zones Law, and reviewed and re-drafted the Companies Law.