Establishing and managing an
overseas office
Glynne Stanfield, Eversheds LLP
0845 4973806
glynnestanfield@eversheds.com
20...
Education
Institution
Student/staff exchange
programmes
Campus
joint/dual degrees
validation
licence
franchise
representat...
International Activities
A “helicopter” view of the issues
Governance
Planning
Due diligence
Structures
Regulatory
issuesT...
Mission
• Ensure it complies with the Higher Education
Institution’s mission
• Be aware of regulatory audits
• Why do it?
...
Planning is all
• Resource
• Cultural Sensitivities
• Risk Assessment
The Virtuous Circle
Expression of
Interest
Initial
enquiries/checks
against strategy
Initial risk
assessment
MOU signed
Du...
The Legal Aspects
● Types of vehicle
- representative office, franchise
- corporate or unincorporated joint venture
• Stru...
Documenting the Arrangement
• Valid and binding agreements
• Memorandum of Understandings?
• Ongoing co-management of arra...
What to do if things go wrong
• Process of termination
– Termination without cause may be available with e.g. 6
months not...
Questions
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Establishing and managing an overseas office - Glynne stanfield

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Establishing and managing an overseas office - Glynne stanfield

  1. 1. Establishing and managing an overseas office Glynne Stanfield, Eversheds LLP 0845 4973806 glynnestanfield@eversheds.com 20th March 2014
  2. 2. Education Institution Student/staff exchange programmes Campus joint/dual degrees validation licence franchise representative office Education Institution Recruitment Agents Recruitment Agents Recruitment Agents Recruitment Agents Student/staff recruitment Student/staff recruitment Branch International Education A Variety of Arrangements Local Partner
  3. 3. International Activities A “helicopter” view of the issues Governance Planning Due diligence Structures Regulatory issuesTypes of overseas presence Staff issues (legal and practical) Student issues (legal and practical) Resolving disputes and termination
  4. 4. Mission • Ensure it complies with the Higher Education Institution’s mission • Be aware of regulatory audits • Why do it? – Financial gain – Public incentives – Reputational gain – Further research output
  5. 5. Planning is all • Resource • Cultural Sensitivities • Risk Assessment
  6. 6. The Virtuous Circle Expression of Interest Initial enquiries/checks against strategy Initial risk assessment MOU signed Due diligence Negotiation of terms Review of due diligence Finalisation of terms Collaboration agreement signed Annual reviews Mid term review End of term review Termination/ extension
  7. 7. The Legal Aspects ● Types of vehicle - representative office, franchise - corporate or unincorporated joint venture • Structure issues – Tax – withholding tax implications for foreign investors – Employment – Regulatory consents – Registrations • Due diligence (academic, financial, legal) – Quality of information issues/lack of public information – Translation costs
  8. 8. Documenting the Arrangement • Valid and binding agreements • Memorandum of Understandings? • Ongoing co-management of arrangements • Staffing issues • Governing law • Forum for disputes – Local or UK Courts – arbitration (where?)
  9. 9. What to do if things go wrong • Process of termination – Termination without cause may be available with e.g. 6 months notice prior to end of the academic year – Compensation may be payable by the education provider to cover reasonable costs, losses and damages incurred by the provider, including demobilization costs – Buy back of the equipment purchased by the provider may be negotiable • Protection of students • Staff • IP issues • Learning from the experience
  10. 10. Questions

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