Acquiring a company or business goes beyond negotiating the price. How the transaction is structured, what legal due diligence uncovers, how those findings are addressed in the transaction documents, and what happens after completion all shape the outcome.

Below are practical notes on the legal issues that may arise when acquiring a company or business in Malaysia, some of which are based on issues I have encountered in practice.

 

The M&A Process

Key milestones for mergers and acquisitions (M&A)

 

Before the Acquisition

M&A: Start by asking for the reason

M&A: Should you do assets deal or shares deal?

Structuring M&A transaction

M&A: Asset sale and purchase

Selling or buying a business – Use a term sheet

 

Due Diligence

Why legal due diligence is essential in acquisitions

What are buyers looking for during legal due diligence when acquiring companies?

Five key steps for legal due diligence

 

SPA & Negotiation

M&A: What you need to consider for sale and purchase agreement

What to consider when negotiating sale and purchase of business

Frequently negotiated clauses in SPA

 

Completion & Post-Completion

Post-completion integration in M&A: Key considerations