September October 2016 | Page 21

News Focus How do Spain and Portugal’s “business angel markets” compare with the biggest in Europe? According to EBAN, the European Trade Association for Business Angels, the UK was the number one ranked “business angel market” in Europe in 2015 with a total of €96 million of business angel investment. However, both Spain and Portugal were among the top 10 countries in Europe for total investment by business angels. Spain was second with €55 million, while Portugal was ranked eighth with €23.4 million. Number of business Number of Number of Total BA angel BAs investments investment networks 2015 (€m) (BANs) Yearon-year change Total BA investment 2014 (€m) Yearon-year change Average Average Total BA investment investment investment per BA 2015 per BAN 2013 (€m) (€) 2015 (€m) EBAN Ranking Country 1 UK 44 4,738 567 96 10% 87 3% 84.4 20, 262 2.18 2 Spain 52 2,732 232 55 5% 52.6 -9% 57.6 20, 132 1.06 9 Portugal 17 624 58 23.4 -16% 27.85 102% 13.8 37, 500 1.38 there are doubts about the viability of law firms in Spain becoming shareholders in spin-off businesses providing support for small businesses in the mould of, for example, Riverview Law, of which DLA Piper is a shareholder. “There’s a risk of not focusing on what you’re doing,” says Casals. “Baker & McKenzie doesn’t set up spin-offs for conflict reasons: if you become a shareholder in the project, you could come into conflict with other shareholders and then you’re right in the middle of it.” The start-up sector is having a significant role in shaping the dynamics of the legal market. Alejandro Touriño, managing partner at Ecija says: “We are now seeing some very interesting law firms only acting for the start-up ecosystem, that is entrepreneurs, venture capitalists, accelerators and so on.” He adds that, regarding the opportunity for law firms to create spin-off businesses, “I am not sure this is the right option”. Touriño says that, while there are not many business angels in Spain, there are some wealthy individuals investing in successful start-ups. “Spain is not the best country in Europe for entrepreneurs,” he says. “But every day we see more and more amazing projects that are starting their internationalisation process and others that obtain amazing funds.” Touriño argues that such an environment is good for creating a “business angel culture”. Portugal: Start-ups creating jobs The start-up sector in Portugal is creating many opportunities www.iberianlawyer.com for law firms, according to PLMJ partner Daniel Reis. “The startup community in Portugal, and particularly in Lisbon, is currently experiencing great dynamism and exponential growth, which means lots of companies are seeking legal advice,” he adds. Reis cites data that shows between 2007 and 2014, start-ups were responsible for 18 per cent of all jobs created in Portugal. “Although companies operating for more than 20 years continue to represent a large part of our economy, recent studies have shown that they now represent less than a quarter of the Portuguese business sector.” Indeed, legal advice for startups is a rapidly growing area, according to MLGTS associate Luís Roquette Geraldes. “We’re working with accelerators and we’re working with a lot of startups in the biotech, medtech and fintech sectors as well as consumer marketplaces,” he adds. Roquette Geraldes says the work includes advising on funding rounds, employment advice, and advice on licensing in the medtech sector, for example. He acknowledges that the firm may initially lose money when advising start-ups in the early stages of their development as some legal work is “done for free”, but adds: “We offer a lot in terms of scalability, we can reach 150 jurisdictions through our network, which is invaluable for a scalable tech company, for example.” Pbbr partner Alexandre Jardim says that, while start-up projects entail risk, there are fee arrangements that “accommodate that risk”. He adds that these entail “lower fees in an initial phase that may be recovered later, being conditional upon investment rounds or exit by acquisition by a bigger player”. Jardim adds: “In the event of an exit, if the buyer wants a change of legal services to the buyer’s law firm, the client will be aware that it is not advisable, because it risks conflicts of interest in the future.” While there is a business angel culture in Portugal, according to Vieira de Almeida partner Fernando Resina da Silva, he adds that it still has significant untapped potential. “It is an activity that requires advertising and promotion – the same goes for crowdfunding, which is an interesting way to fund startups that is still little known by the sector or by prospective investors among the general public.” CCA Ontier partner Fernanda Lomenso says incentives - such as tax benefits - should be put in place in Portugal to encourage more potential business angels. Lawyers have an important role to play in connecting start-ups with what could potentially be important members of their wider network, says Jorge Silva Martins, of counsel at ABBC. “You [lawyers] have to be the connector between your start-up and the rest of the network, such as venture capitalists and incubators,” he says. Silva Martins also anticipates a legal revolution in the start-up community: “In two years, all start-ups will have a chief legal officer – start-ups will acknowledge it will be crucial to have a lawyer at the start.” September / October 2016 • IBERIAN LAWYER • 19