Many of The ImPact’s member families are inspired by the opportunity to invest for impact in emerging markets. Investments in these markets have extraordinary potential to create social and environmental impact. These opportunities also present new and sometimes complex legal considerations. The goal of this primer is to provide families with a summary of the important issues and an outline of the key questions to ask their local and international counsel when making international impact investments.

This primer contains two parts: Part one explores the critical role that local counsel plays in appropriately assessing, structuring, and managing investments. It also explains how an understanding of local legal systems and cultures can facilitate better managed transactions. Part two of the primer outlines the questions families should discuss with their local counsel before entering into an international investment agreement.

By no means does this primer exhaust all the potential legal issues that may arise within cross-border impact investments. Rather, it is intended to be a tool for families to use as they conduct their due diligence and engage local legal counsel. This primer is the product of a partnership between The ImPact and New York University Law School’s International Transactions Clinic. The authors of this primer are Monica Hernandez and Claire Bang, advised by Professor Deborah Burand.