What to look out in due diligence on material contracts
Investors who want to subscribe for shares or acquire shares of private companies from another shareholder should consider conducting legal due diligence on the companies before their investments. One key aspect of legal due diligence are material contracts of the companies. Legal due diligence on material contracts allows the investors …
Seek progress, not perfection
In the first few years of my practice, I was reluctant to introduce myself as a lawyer. In my mind back then, lawyers were supposed to be smart, looked the part and knew answers to all legal questions. I didn’t feel that way about myself. There was also fear that …
Exclusivity in M&A negotiation
Today’s post is on exclusivity when negotiating an M&A deal. If you are a buyer entering into a negotiation to acquire business or shares of a company, you would want to ensure that you do not incur costs during the negotiation only for the seller to end the negotiation and …
Searches to verify existence of companies
When a buyer acquires a company, a basic but important aspect of due diligence is to ensure the company is properly incorporated under the relevant laws and validly existing. Other than the usual company search with the Companies Commission of Malaysia (“CCM”) and winding up search with the Malaysian Department …