Capped Fee

Overview: This case study shows how Lewis Holdway Lawyers assisted a mid-size organization during its transition from a private venture to a publicly listed company. By understanding the legal procedures and cost schedules associated with this transition, we were able to offer our client a capped fee on the preparation of a company’s prospectus. This dramatically reduced our client’s anxiety as they were no longer worried about the possibility of shifting legal fees which can come into play when a prospectus is returned for amendment.

Issue: Our client sought to raise capital for a new mining venture. It was decided that an IPO (Initial Public Offer) was the preferred course of action. Publicly floating a business presents a number of cultural and structural adjustments for most companies. This is usually because the level of disclosure and completeness involved in the preparation of a prospectus is unfamiliar to them. As legal amendments to a company prospectus can be costly, our client was keen to minimise the risk of unforeseen expenditure by getting it right the first time. In order to manage cash flow we proposed a capped fee arrangement and used our extensive experience with corporate cultural change to manage the process cost effectively.

Actions: Lewis Holdway Lawyers were able to provide a capped fee for the production of the prospectus. Using our knowledge of necessary legal requirements, we implemented an outcome-focussed action plan aimed at reducing the risk of unexpected legal expenses.

Outcome: Lewis Holdway Lawyers were able to improve the speed and success of our client’s stock market prospectus. By using a capped fee approach we also managed to put our client’s mind at rest as they did not have to worry about unforseen legal expenses. Using our industry expertise and foresight, we did the job right first time and there were no nasty surprises or shifting cost structures.