Best Venture Capital Lawyers in Burnaby

About Venture Capital Law in Burnaby, Canada

Venture Capital Law in Burnaby, Canada is a critical segment of business law that involves the use of venture capital investment to finance new and burgeoning businesses. Venture capitals are typically used by startups and small businesses that do not have access to capital markets or other financing sources. The main legal issues in this area include structuring investment terms, equity dilution, options, shareholder rights, liquidation preferences, governance, compliance with securities laws, and exit strategies. As with any investment, it comes with potential legal risks and complexities that should be addressed by a knowledgeable lawyer.

Why You May Need a Lawyer

One may require legal assistance in venture capital in a variety of situations. Examples include needing help with the drafting and reviewing of investment agreements, advising on regulatory compliance, handling of due diligence in a venture transaction, negotiation of deal terms, and the resolution of disputes that arise in the course of these transactions. Additionally, a lawyer can provide advice on business structure and strategies to protect one’s rights and maximize benefits. In the dynamic environment of venture capital investment, having a competent legal counsel helps to mitigate risks and leverage opportunities to the best extent.

Local Laws Overview

In Burnaby, British Columbia, venture capital is governed by a combination of federal and provincial laws. This includes the Business Corporations Act of British Columbia, which governs the operation of corporations, and federal legislation like the Canada Business Corporations Act. Securities regulations, administered by the BC Securities Commission, govern the issuance of equity and other interests in businesses. The BC Venture Capital Program provides tax credits to encourage venture capital investment in small businesses. Other regulations that might affect venture capital investments include areas like tax law, employment law, intellectual property law and competition law.

Frequently Asked Questions

1. What is a Venture Capital investment?

Venture capital investment refers to an inflow of capital provided by outside investors to new and growing businesses with high growth potential that are typically unable to access capital markets or secure bank financing.

2. Can investments be protected under venture capital law?

Yes, a key function of venture capital law is to secure the rights between investors and businesses. A skilled lawyer can help protect your investment by negotiating and drafting comprehensive agreements that guard your interests.

3. What is due diligence in venture capital?

Due diligence is the rigorous process undertaken by the investor to assess the business, its market potential, financial projections, management team, and legal standing before committing any funds.

4. What is a term sheet?

A term sheet outlines the basic terms and conditions of a venture capital investment. Though not legally binding, it serves as a basis for further negotiations and the drafting of the final legal agreement.

5. What does 'exit strategy' mean?

An exit strategy refers to how an investor plans to exit the investment and realize a return. This can be through an Initial Public Offering (IPO), the sale of the company, or other means.

6. What is equity dilution?

Equity dilution happens when additional shares are issued in a company, thereby reducing the percentage ownership of existing shareholders.

7. Can a company remain privately held after venture capital investment?

Yes, a company may remain privately held even after a venture capital investment. The venture capital firm becomes a shareholder with the expectation of an eventual exit and return on their investment.

8. Is a venture capital investment a loan?

No, venture capital is an equity investment. The investor buys shares in the company and becomes an owner and not a creditor.

9. What are preferred shares?

Preferred shares are shares that give the holder certain advantages over common shareholders, such as dividend preference or a higher claim on assets and earnings.

10. What is considered a small business in Burnaby?

In British Columbia, businesses with fewer than 50 employees are considered small businesses. These are often the type of businesses that are the focus of venture capital investments.

Additional Resources

The British Columbia Securities Commission, the BC Venture Capital Program and the Business Development Bank of Canada are important resources. Various professional associations such as the Canada Venture Capital and Private Equity Association (CVCA) and local organizations like the Burnaby Board of Trade also provide resources and networking opportunities.

Next Steps

If you require legal assistance in Venture Capital, you should reach out to a lawyer experienced in venture capital matters. This will involve preparing a summary of the nature of your business or investment, gathering relevant documents, and setting up an initial consultation. During the consultation, you can discuss your specific needs, potential risks and strategies. Always ensure that the lawyer you choose is well versed in the local laws of Burnaby, and the broader Canadian regulation related to Venture Capital.