Benedict Stewart

Senior Associate

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BA/LLB (Hons)

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Benedict advises on a wide range of corporate and commercial transactions. He has extensive experience in mergers and acquisitions, capital raising, shareholding arrangements, commercial contracts, technology law, privacy law, employee share ownership and bonus schemes, and general commercial work. Benedict also advises on securities law and corporate compliance matters for listed issuers.

Before joining Lowndes Jordan, Benedict was a solicitor at Chapman Tripp and then general counsel at a fast-growing start-up based in Auckland. His unique background comprising top tier private practice and in-house experience at a high-growth start-up means that he is well placed to advise a wide variety of clients. Benedict prides himself on delivering practical solutions for his clients which work for them in the context of their unique circumstances and risk profile.

M&A

Benedict has experience advising both buy-side and sell-side on M&A transactions, including the following:

  • The acquisition by Interpump Group S.p.A (listed on the Italian Stock Exchange) on its acquisition from interests associated with Pioneer Capital, Ngai Tahu and Tainui of Waikato Milking Systems LP, one of the largest producers of rotary milking systems and world-leading smart technologies in the dairy sector.
  • The acquisition by a company listed on the ASX of a New Zealand based technology business owned by a leading private equity firm.
  • The sale of a highly successful global technology start-up specialising in software that integrates with the Microsoft product suite. 
  • The sale by a leading agricultural manufacturer and supplier of most of its assets as part of a phased strategic divestment.
  • The acquisition by a leading Australian private equity firm of certain assets owned by a leading tourism business based in New Zealand.

Capital raising

Benedict has experience advising both start-ups and investors on investment rounds ranging from seed funding to follow-on funding rounds, including the following:

  • Advising K1W1 on various investments including its investment into Lodestone Energy, a new company committed to invest $300 million in solar farms in New Zealand. 
  • Advising a leading global parking technology company on its Series B funding round.

Privacy

Benedict has experience advising companies on their obligations under the Privacy Act 2020 including the new privacy breach reporting scheme. Benedict’s key experience includes:

  • Advising a leading organisation specialising in the processing and reporting of key industry-specific data on its suite of privacy policies and procedures.
  • Advising companies on their entry into data processing agreements with international data processing companies.
  • Advising companies on their privacy policies and compliance with the Privacy Act 2020, including the privacy principles. 

Securities law and corporate compliance

  • Advising listed issuers on compliance with their continuous disclosure obligations and other obligations under the NZX Listing Rules.
  • Advising listed and non-listed issuers on compliance with the Financial Markets Conduct Act 2013. 

Employee share ownership plans and bonus schemes

Benedict has drafted a wide range of employee share ownership plans and bonus schemes for his clients, including advising on:

  • The full suite of options available to an employer, ranging from employee share ownership schemes to bonus schemes to phantom share schemes. 
  • The implementation of a long-term incentive scheme for senior managers of a listed issuer.
  • The implementation of an employee share ownership plan for key employees of a listed issuer. 
  • The implementation of various employee ownership plans for employees of fast-growing start-ups focussed on incentivising and rewarding key talent.

Corporate advisory

Benedict has experience advising on a wide range of general corporate matters, including advising on:

  • Progressive share sell-downs and succession plans. 
  • Shareholding and joint venture arrangements.
  • Intellectual property licence agreements, royalty agreements and commercialisation agreements.
  • Directors’ duties, restructuring and insolvency.
  • Loan and security agreements.
  • Supply and distribution agreements.
  • Terms of trade and supply.
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