Finbury, Daniel C.

Practice Description:

Scott assists entrepreneurs in growing their businesses from the initial stage of formation to the growth stage of acquisition and financing to the final stage involving the sale of businesses. Scott provides advice on how ownership and management of the business should be organized and how to structure contracts for the sale of services and products. Scott has specific experience in advising entrepreneurs on acquiring capital for the growth of their businesses through loans or equity instruments. Scott began his career with the Securities and Exchange Commission in Washington and has broad expertise in matters of securities regulation affecting public companies and their shareholders, directors and executive officers, broker dealers, investment advisors, mutual funds and the public and private offering of securities.

Representative Matters:

Our regular clients are engaged in a variety of industries and services: digital advertising and communication, manufacture of industrial products, distribution of trucks and other vehicles as well as industrial products, restaurants and food services, financial services, consulting services for various industries and real estate development. We also provide representation to management, boards of directors, equity owners and other participants in financial transactions that often involve change of control events. In addition, we often provide opinions under North Carolina law or Federal Securities laws in connection with financial transactions.

Recent transactions for which Scott had primary responsibility include:

• Represented a distributor of audio diagnostic equipment in the sale of its assets.
• Represented an equipment leasing company in a multi-million financing of new and amended loans.
• Represented an industrial products manufacturer in a multi-million dollar cash merger with a European acquirer.
• Represented a real estate developer in negotiation and refinance of multi-million dollar real estate portfolio with major U.S. bank.
• Represented a distributor of automotive parts and supplies to racing team in the sale of its assets.
• Represented a hosiery manufacturer and distributor in the sale of its assets.
• Represented a building products manufacturer in multi-million financing of new and amended loans.
• Represented a motorsports company in a multi-million dollar line of credit refinancing.
• Represented executives in several companies in new or amended employment and benefit agreements as well as severance agreements.
• Represented a travel consulting company in a corporate restructuring.

Related News:

Professional Involvement:

Business Law Section, American Bar Association

Business Law Section, North Carolina Bar Association

Chairman, Securities Regulation Committee (1993-1995)

Treasurer Business Law Section Council (2005-2007)

North Carolina Limited Liability Company Act Task Force (2008-present)

Association of Securities and Exchange Commission Alumni, Inc.

Community Involvement:

Aldersgate United Methodist Retirement Community, Inc.

Director, 1998-2006

Central Carolinas Emmaus Community, Inc.

Director, 2002-2004

Chairman, 2003