Search

How can we help?

Ashan Arif

Partner

Ashan Arif

Partner

“With clear, concise and timely advice and management, Ashan and his team helped us navigate complex arrangements and seamlessly bridged the gap between the legal and commercial issues”

BMW Legal Affairs UK & Ireland (AJ-UK)

Ashan Arif is head of corporate and commercial team and Director of forburyTECH, a tech start-up advisory of Clarkslegal.

Ashan provides corporate, company and banking advice to a wide range of businesses including start-ups, owner-managed businesses, SMEs and large listed corporates.

His expertise includes mergers & acquisitions, private equity, corporate, investments, restructurings, asset and business transfers, joint ventures, commercial agreements, banking, finance, alternative finance, fund raisings, general company and corporate matters.

Ashan acts for clients from across a range of sectors with a particular focus on the technology, media & entertainment, motor and hotel industries.

Experience

Start ups, university spin-outs and early stage

Ashan advises start-ups, mainly in the technology sector, university spin-outs and early stage companies, finding ways to help grow the business quickly and efficiently through Clarkslegal’s relationships with investors and financiers.

Mergers, acquisitions and disposals

Ashan regularly advises clients on mergers, acquisitions and disposals, including management buy-outs and buy-ins, advising clients from a commercial and strategic perspective, as well as legal, getting involved in transactions as early as possible.

Fundraising – angels, private equity, venture capital

Ashan has extensive experience and understanding of raising equity finance, from angel investment, private equity or venture capital.

Owner managers

Ashan regularly acts for exiting owner managers and shareholders of SMEs on the sale of their company.

Banking and finance

Advises clients on debt finance and related security documentation, whether as part of a corporate transaction or a stand-alone financing. This includes advising on loan agreements, debentures, charges, guarantees and other forms of security as well as satisfying the lender’s requirements, and Islamic Finance.

Reorganisations and demergers

Ashan works closely with the client’s accountants and tax advisers during the reorganisation of a company, group of companies or a specific part of their business.

Business divorce

Ashan has advised numerous clients on successfully settling shareholder disputes aiming to preserve the integrity of the ongoing business.

Shareholders’ agreements and joint ventures

Ashan regularly advises on shareholders’ agreements and joint venture arrangements, helping clients to understand the importance of documenting key issues governing the relationships of the parties.

What our clients say

“Ash offers really good advice and is very good at explaining options as well as the best way to structure a deal. He simplifies what needs to happen and makes it happen.”

Chambers 2024

“Ash is a very competent all-round corporate lawyer.”

Chambers 2024

“Ash is calm and responsive, and instils confidence with a broad knowledge of commercial law and sensitivity to safeguarding. He’s a pleasure to deal with.”

Chambers 2024

Read, listen and watch our latest insights

art
  • 07 February 2020
  • Corporate and M&A

Investor Relief

The Finance Act 2016 introduced investor relief which is essentially a tax relief for Capital Gains in a similar way to the operation of Entrepreneurs Relief. On qualification any capital gain is reduced from the usual capital gains rate – currently 20% to 10%.

art
  • 07 February 2020
  • Corporate and M&A

What does the new decade herald for EMI Option Schemes?

The Enterprise Management Initiative (EMI) option scheme is a tax efficient incentive scheme designed to incentivise employees by enjoying the rewards of growth and business success usually on a sale

art
  • 07 February 2020
  • Corporate and M&A

Director’s Duties Can Survive Insolvency Process

In the recent high court case Re Systems Building Services Group Ltd , there was considerable debate and judgement made on whether a director’s general duties, as outlined in section 171 to 177 of the Companies Act 2006, survive a company’s entry into a formal insolvency process.

art
  • 14 January 2020
  • Corporate and M&A

Lending money to Directors

It is not unusual for a Company to lend money to a director of a Company, nor is it unlawful. However, there are a number of points to consider, including declarations of interest and how this sits with the constitution of the Company and a directors’ statutory duties generally and also the treatment of the loan from a tax perspective – not only for the director but the Company too.

art
  • 14 January 2020
  • Corporate and M&A

Removing a Director under the Companies Act

The Companies Act 2006 contains a right for members of the Company to seek the removal of a director from office by convening a general meeting of its members and passing an ordinary resolution. This provision is seen as sacrosanct in the Companies Act 2006 – any attempt to exclude this right in the Companies articles of association would be unenforceable.

art
  • 14 January 2020
  • Corporate and M&A

Share buybacks and payments

The concept of share buybacks is a useful one. The ability for a company to buy back its own shares is seen as a useful tool for capital re-organisations and a tax efficient way in which to remove a shareholder or class of shareholders.