Closely Held and Growing Business Enterprises Publications

Closely Held and Growing Business Enterprises Committee Publications

The Closely Held and Growing Business Enterprises Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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From the Chair: Harvey Jay Cohen

Chair's message, December 2018
From the Editor: Noreen Weiss

Publications and Communications Officer’s Note, December 2018
LPD Showcase: Initial Coin Offerings (ICOs) - technology meets finance

Over the past three years, technology-based companies have introduced a new means of funding. By selling cryptocurrency companies have raised significant amounts of funding in a currently unregulated territory. ICOs present new issues and challenges relating to buying and selling technology-based currency, disclosure, regulation, money laundering, payment systems and fraud prevention. The session brings together experts in technology, banking, capital markets and investment funds, as well as founders of companies who have succeeded in these fundraisings and regulators.
Equity incentive packages cross-border: structures and strategies

A report on the lively session on equity incentives for entrepreneurs and other key personnel cross-border as to key plan and grant drafting, and tax considerations, as well as available alternatives to maximise the client’s employee retention and other goals.
Heading overseas: practical structures and strategies for starting up private company operations

This panel will brought together companies and counsel to interactively discuss how companies can grow their organisations by developing foreign markets with minimal growing pains. We will review success stories, pitfalls to avoid, considerations of scale, tax optimisation and the necessity to remain agile and reactive.
Government and corporate incentives to foster private companies' startups, R&D and innovation

Recognising the importance of small and medium-sized enterprises (SMEs) on the growth and strength of industries, this interactive session among lawyers and 'investors' surveyed the best practices to create a nurturing environment for SMEs, and how companies can best take advantage of the assistance and help themselves.
Impact/social benefit investing: preserving the mission through corporate changes

This lively panel reviewed the latest trends in companies and investment funds striving to become and remain good corporate citizens, and the challenges of concretely measuring social/environmental/community impact. The panellists and audience discussed how to ensure these corporate goals survive significant events in a company’s evolution.
Photos from the Annual Conference, 2018

A selection of photos from the Annual Conference, including the Committee Retreat, Dinner, LPD Showcase and Women's Walk in Rome, October 2018.
From the Chair: Harvey Jay Cohen

Chair's message, July 2018
From the Editor: Noreen Weiss

Publications and Communications Officer’s Note, July 2018
Demystifying initial coin offerings and the application of US securities laws to token offerings

The explosion of coin, or token, offerings in initial coin offerings (ICOs) globally over the last 18 months represents an unprecedented paradigm shift in the manner in which companies raise money, disrupting venture capital as well as other private and public capital markets. This article examines cryptocurrencies in the context of US securities law and takes an in-depth look at how they touch many layers of potential regulation and what this means
Convertible notes for Indian startups: policy relaxation to boost startup funding in India

‘Ease of doing business in India’ and nurturing the growth of startups in India has been the focus of various reformative measures brought about in the past few years. The thrust has been to make India an attractive investment destination for foreign investors and a global startup powerhouse to reckon with. A key feature has been to boost fundraising options for home-grown startups by permitting startups to raise funds through issuance of convertible notes
Keynote address: digitise or die

In his address Philipp Depiereux, founder and managing director of etventure, expressed how digitisation is profoundly changing existing economic patterns, regardless of industry. He explained that digital transformation should be a high priority topic for CEOs and all companies should start today
Keynote debate: extinction vs evolution

The debate opened with Nokia and the different speakers identified some of the key aspect of the rise and fall of the company to explain, in their opinion, the essential instruments for success in business, and how these have changed over the years
Disruptive financing models and terms

This session sought to explore the challenges and trends in financing models and understand how companies can best finance their growth, through equity or debt, in an innovative format in order to meet the client's needs
Initial coin offerings (ICOs) and cryptocurrencies

Discussion focused on the risks and opportunities associated with crypto assets and how traditional markets handle this challenge. Participants' knowledge of ICOs and cryptocurrencies varied from expert to strong interest in
Digitalisation of industrial production

The chairs let a very interesting discussion around the various aspects of digitalisation of industrial production. Three industry speakers represented a variety of market players in the production world and could therefore provide an overview on the status and challenges faced by them
Impacts of digitalisation on the workforce: employer expectations, skill required, data protection and improvements

Disruptive trends are reinventing the workplace of the future. The speakers two main questions: Can organisations foster the required agility and intrapreneurship within the current regulatory environment? What are the answers of trade union and employee representatives in Germany to the challenges of digitalisation for employees?
Photos from the 4th IBA Global Entrepreneurship Conference in Munich
A selection of photos from the 4th IBA Global Entrepreneurship Conference in Munich
From the Chair: Harvey Jay Cohen
Chair’s message, March 2018
From the Editor: Noreen Weiss
Publications and Communications Officer’s Note, March 2018
When investors and founders collide – preventing and resolving disagreements in good times and in times of financial crisis, March 2018
Through different scenarios in the lifecycle of an investment, the panellists considered the development of a relationship between a company’s founders and its investors
Disruption: lawyers advising disruptive companies while disruptors change the legal industry, March 2018
Panellists exchanged their views in addressing the many-sided topic of the role of lawyers advising disruptive companies while disruptors change the legal industry
Emerging trends in crowdfunding regulation and transactions, March 2018
Panellists discussed the increased popularity of crowdfunding as an efficient method of raising limited amounts of capital, as well as regulatory response to different jurisdictions
Foreign direct investment: recent trends and limitations in the Asia-Pacific, March 2018
A wide-ranging discussion on various aspects of foreign direct investment in this region, particularly regulatory approaches and recent trends
Photos from the Annual Conference, 2017
A selection of photos from the Manly Retreat and the Women Casual Gathering at the IBA Annual Conference in Sydney, October 2017

Closely Held and Growing Business Enterprises Update, September 2017


This issue features reports from the 3rd IBA Global Entrepreneurship Conference in Paris. Topics covered include: disruptive innovation, the sharing economy, FinTech, M&A transactions, legal tech and how to advise disruptors.
Closely Held and Growing Business Enterprises Newsletter, May 2017

The Committee's May update addresses a wide array of topics, including articles from the IBA Annual Conference in Washington D.C last year. Committee members – click here to login and download.
Closely Held and Growing Business Enterprises Newsletter, September 2016

The Committee's September newsletter addresses a wide array of topics, including articles on how to ensure compliance with the Nigerian Cybercrime Act 2015 and conference reports from the 2nd IBA Global Entrepreneurship Conference in Barcelona. Committee members – click here to login and download.
Closely Held and Growing Business Enterprises News (December 2015)

Download the Closely Held and Growing Business Enterprises Committee Newsletter, December 2015, featuring articles on... (PDF download, members will need to login using their IBA username and password)
The debate about publication of financial statements by large companies in Brazil - Closely Held & Growing Business Enterprises
By Paulo Coelho da Rocha and Andreia Casquet
In Brazil, the vast majority of companies are formed as Limited Liability Companies (the ‘Limitadas’). This corporate form is more popular for being a low-cost form, especially when compared to the Corporation (Sociedades por Ações) – the second most popular corporate form.
Closely Held and Growing Business Enterprises News (September 2015)

This issue includes the following articles:

Corporate compliance programmes and the recent federal regulations of the Brazilian anti-corruption law – an important opportunity
The debate about publication of financial statements by large companies in Brazil A new dawn for compliance in Brazil in the wake of the Petrobas scandal
Closely Held and Growing Business Enterprises Committee newsletter, March 2015

Download the Closely Held and Growing Business Enterprises Committee Newsletter, March 2015, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Closely Held and Growing Business Enterprises Committee newsletter, October 2014

Download the Closely Held and Growing Business Enterprises Committee Newsletter, October 2014, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Closely Held and Growing Business Enterprises Committee newsletter, March 2014

Download the Closely Held and Growing Business Enterprises Committee Newsletter, March 2014, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Closely Held and Growing Business Enterprises Committee newsletter, September 2013

Download the Closely Held and Growing Business Enterprises Committee Newsletter, September 2013, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Closely Held and Growing Business Enterprises Committee newsletter, September 2012

Download the Closely Held and Growing Business Enterprises Committee Newsletter, September 2012, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Closely Held and Growing Business Enterprises Committee newsletter, September 2011

Download the Closely Held and Growing Business Enterprises Committee Newsletter, September 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Closely Held and Growing Business Enterprises Committee newsletter, September 2011

Download the Closely Held and Growing Business Enterprises Committee Newsletter, September 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Closely Held and Growing Business Enterprises Committee E-bulletin, September 2010

Download the Closely Held and Growing Business Enterprises Committee E-bulletin, September 2010, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Closely Held and Growing Business Enterprises Committee E-bulletin, March 2009

Download the Closely Held and Growing Business Enterprises Committee E-bulletin, March 2009, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Shareholders' Agreements, October 2011

The IBA Guide on Shareholders’ Agreements, prepared by the Closely Held and Growing Business Enterprises Committee (either correct at Oct 2011, or updated/verified where the year is indicated below), provides practical, easy to grasp information on the legal rules on shareholders’ agreements and their application in each contributing jurisdiction. Leading experts respond to key questions relevant to those who need to get familiar quickly with the regulation of shareholders’ agreements in a particular country.