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Business sale, purchase and merger

Members of our corporate and commercial team understand that sales, purchases and mergers are business transactions involving a myriad of legal and commercial issues, the meaning of which may not be immediately obvious to the parties.

To ensure a successful outcome to transactions of this nature, it is crucial that all aspects of the transaction be thoughtfully considered, accurately evaluated and appropriately documented.

Issues that must be addressed:

  • Determining the primary goals of the parties;
  • Identifying precisely and comprehensively what is the subject matter of the transaction;
  • Identifying the liabilities of the business, and the impact of these liabilities on the transaction;

  • Determining the taxation and revenue implications of the transaction;
  • Identifying and addressing appropriately intellectual property issues;
  • Identifying and addressing appropriately issues concerning employees of the business;
  • Ensuring that all contractual rights of the business are identified, and that the vesting of these rights in the purchaser is appropriately addressed;
  • Ensuring that all contractual obligations of the business are identified, and that the vesting of these rights in the purchaser is appropriately addressed;
  • Negotiating restraint of trade provisions that are appropriate;
  • Ensuring compliance with provisions of relevant company constitutions and shareholder agreements; and
  • Identifying and appropriately dealing with confidentiality and privacy issues.

Nearest Stacks Offices:

The firms listed below have an in-house specialist in this area.

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