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.

Company Law
Legal Requirements for Allotment of Shares in Malaysia

M&A transactions often involve allotment of shares in a company. Understanding the legal requirements for allotment of shares is essential to ensure compliance and avoid potential disputes over the validity of allotment of shares. The following are the key steps for allotment of shares under the Companies Act 2016 (CA) …

Due Diligence
The Mind That Never Rests

What does a corporate transactional lawyer do while waiting in the lift, at a restaurant counter or for coffee at a café? I read the licenses on display, check their validity periods, and scan for conditions. When I see certificates on the walls, I can’t help but examine them too. …

Lawyering
Learning to Appreciate the Small Things

One afternoon, I walked into the office, feeling unsettled after a discussion with another adviser. As I took my laptop from my bag and placed it on my desk, something caught my eye-a small handmade paper box, stapled at the sides, neatly holding some binder clips. The day before, I …