M&A: Plan ahead for signing

Linkedin Post

In M&A transactions, when parties are busy negotiating the terms, planning for the signing of the transaction agreements may be the last thing on their mind.

Plan ahead for signing.

1. What needs to be delivered to the counterparty upon execution of the transaction agreements?

2. Ensure the resolutions which need to be signed and delivered to the counterparty are ready.

3. Where will signing of the transaction agreements take place? Will there be a physical venue for execution by the parties or will the signing pages be exchanged electronically?

4. If any of the parties is part of a listed group, is announcement of the acquisition/disposal required?

5. Is consent or consultation with the counterparty required under the terms of the transaction agreements for announcement of the acquisition/disposal?

#malaysiancorporatelawyer
#mergersandacquisitions

This post was first posted on Linkedin on 16 November 2022.

Linkedin Post
Preference Shares: A Path Through Malaysia’s Equity Restrictions

Regulatory equity restrictions don’t always mean “no entry” for investors in Malaysia. If you’re restricted from holding ordinary shares in certain sectors due to regulatory policy, preference shares may offer a practical alternative. You may want to consider preference shares if: 1.    The sector has no restrictions on preference shares. This …

Company Law
Does family-owned company require formal shareholders’ approval for issuance of shares?

“This is my family-owned company. Do we still need formal shareholders’ approval to issue shares?” Yes. Under section 75 of the Companies Act 2016, directors cannot exercise their power to allot shares without prior shareholders’ approval. This is a legal requirement even if all the shareholders are family members. Skipping …

Linkedin Post
Pay for proper legal advice when it comes to shareholders agreement

Most people I know are reluctant to pay for proper legal advice when it comes to shareholders’ agreements. Many assume shareholders’ agreements are just templates. However, in practice, especially in M&A or fundraising, these agreements must align with the Companies Act 2016 and other relevant regulatory requirements. Otherwise, what is …