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Even the most seasoned investor should seek professional legal advice before pursuing a new investment. Whilst a deal may look tempting at first glance, it is vital that you uncover any nasty surprises lurking in the legal language of the transaction documentation. An experienced lawyer can save you trouble down the line by closely examining the small print and offering solutions to any issues they uncover.
The broad scope of an investment deal can look tempting, but it’s important not to be dazzled by promises. A lawyer can help you to make sense of the realities of a transaction before you commit and ensure you are fully apprised of the risks and rewards involved in your investment. For instance, if you invest in a company, you need to know what shareholders’ agreements are in operation as these will dramatically impact how your commercial deal will function. If you are looking at a property deal, you must be aware of any covenants or charges on the land that could affect your plans.
If you invest without examining such legal matters, you will have little recourse if things don’t go the way you had hoped. Unless you have been actively misinformed, it is your responsibility to have wholly understood what is being offered.
The law is a myriad of interlocking pieces of legislation, regulations, case law, policy and procedure. Even if you are happy with your investment deal on paper, you must also be sure it will operate as you expect in the wider legal context.
In this respect, a major consideration is whether a deal presents a conflict of interest. Your position could affect which areas you can safely invest in, as financial interest exposes you to allegations of bias or even corruption. The correct legal advice is imperative to prevent such issues arising.
If you are investing on behalf of others, for example as a trustee, there will be rules guiding your choices as well as a fiduciary duty to invest soundly. Since you can be held personally liable for poor investment decisions, it is crucial that you take legal advice to protect yourself.
An experienced investment lawyer is best placed to explain to you how your transaction will interact with the broader legal framework and ensure that you are protected against problematic overlaps, conflicts and requirements.
Before you commit to any investment, it is essential that you understand who will bear the loss, as well as its potential extent, although obviously the desired outcome is an increasing return on your investment. Consulting a lawyer can help to protect you and your assets against unexpected outcomes by clearly establishing liability ahead of you making an agreement.
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