Mergers and Acquisitions

A merger is where two or more businesses team up operating from a single entity or a joint venture.

Mergers and Acquisitions

A merger is where two or more businesses team up operating from a single entity or a joint venture. The stakeholders combine into one newly created company or other form of legal structure. An acquisition is where a business or part of a business is sold and purchased.

The Issues

In Australia the mergers and acquisitions environment can be the subject of rapid change and on occasion market scrutiny by regulators and sophisticated investors. Businesses need to be ready for opportunities and challenges in a fast paced environment with outstanding legal and strategic advice to achieve your commercial objectives. We at Aitken Lawyers have the experience and expertise to deliver your outcome.

Aitken lawyers have:

  • acted for both purchasers and vendors in many industries;
  • been involved with thorough and detailed due diligence;
  • worked with financial advisers to ensure that financial due diligence is also completed to the highest of levels.

The Process

We deliver advice on structuring your transaction to ensure you achieve the best possible return on your business investment. We draw on many years of experience and expertise facilitating the sale and purchase of businesses and mergers.

Our services include:

  • Asset acquisitions and disposals;
  • Letters of Offer, Heads of Agreement and Terms Sheets;
  • Drafting and negotiating share sale and asset sale agreements;
  • Drafting legal relationship agreements;
  • Due diligence;
  • Management of PPSA obligations and responsibilities;
  • Regulatory compliance
  • Ensuring compliance with the requirements of regulatory bodies such as:
    • Australian Competition and Consumer Commission (ACCC);
    • Australian Securities and Investments Commission (ASIC);
    • Australian Stock Exchange (ASX);
    • Foreign Investment Review Board (FIRB).

Positioning your business with the right attributes for a merger or liquidity event is very important to ensure you achieve your desired outcome whether that be cashing out or teaming up with others providing a synergy for business success.

For more information on business and commercial legal needs see our page on Business and Commercial Law. For further information on mergers and acquisitions please contact Aitken Lawyers today on 02 8987 0000.