Article

Buyer beware: How to address issues on assets or company

Let the buyer beware   Under the law, there is a principle known as “let the buyer beware” or “caveat emptor” which generally means that buyer purchases at the buyer’s own risk. The principle places the onus on the buyer to conduct due diligence before making a purchase.  A prudent buyer typically carries out due diligence …

Article

What to do with guarantee in sale and purchase of shares?

In a share sale and purchase agreement, if there is any guarantee given for a loan granted to the target company or the target company has given any guarantee for a loan granted to other company in the seller’s group, the buyer and seller should address what to be done …

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Is there a need to have shareholders’ agreement and constitution?

Do shareholders need a shareholders’ agreement?  A shareholders’ agreement governs the relationship between shareholders of a company. Where there is more than one shareholder, it is prudent to have a shareholders’ agreement to set out their respective rights and obligations although a shareholders’ agreement is not mandatory under the law.  Whether …