Can a Company Pay the Stamp Duty on the Transfer of Its Own Shares?
In practice, I have seen requests for a target company to bear the stamp duty on the transfer of its own shares from the seller to the purchaser. It may seem commercially convenient, especially where the parties are friendly or related. However, this raises a question. 𝘐𝘴 𝘵𝘩𝘦 𝘤𝘰𝘮𝘱𝘢𝘯𝘺 𝘦𝘧𝘧𝘦𝘤𝘵𝘪𝘷𝘦𝘭𝘺 …
Realities of an M&A Lawyer: Deals and Unpredictability
The first time my family visited me in KL, it was during a long public holiday weekend, shortly after I had moved into my new place. I had barely settled in. There was no proper furniture yet. At the same time, I was in the middle of a hectic M&A …
Better to Decide Before Signing than Litigating Later
As a lawyer, I generally prefer clarity and precision in drafting contracts, unless the client specifically requests otherwise. After all, certainty of terms is a fundamental element of any contract. Some provisions in contracts are ambiguous because the parties have not fully considered what should happen in the scenario addressed …
M&A Deals: It Starts with Your Why
In M&A transactions involving board-level consideration, I often find the most useful insights when I brief management on key issues. These briefings are opportunities to hear directly from the decision-makers. During the discussions, I get to see: • Why they are pursuing the deal • The rationale for certain commercial …
M&A: Speed, Precision and Judgment
Three draft share sale agreements landed in my inbox this week just before the Chinese New Year break. As is often the case around festive periods, everyone hoped to clear the work before going on leave. We reviewed the drafts and sent our comments to the client before we went …