Consider this before IPO

Equity capital markets (ECM)

Prior to a company undertaking an IPO, its stakeholders should understand the implication of being a public listed company (“PLC”) and consider whether being listed is right for the company.

Consider the following:
• Business owners would no longer have total control of a company once it is listed. Certain matters require shareholders’ approval such as remuneration of directors and certain transactions undertaken by PLC.
• A PLC and its directors are held to higher standard of corporate governance.
• A PLC has more publicity than a private company, which may affect its business and reputation positively or negatively.
• Being listed may enhance the public image or credibility of a company.
• A PLC is subject to continuing obligations to comply with the Listing Requirements, failing which penalties may be imposed.
• A PLC incurs higher compliance cost. It needs to engage advisers when undertaking certain corporate exercises and ensure compliance with listing obligations and corporate governance.
• A PLC’s valuation is, to a certain extent, subject to public perception of the value of the PLC, which may not be reflective of the actual value.
• A PLC may become a target for a takeover by a competitor.

#malaysiancorporatelawyer
#IPO
#howtoIPO

This post was first posted on Linkedin on 21 April 2021.

Due Diligence
Where Company Secretaries Make the Biggest Impact in M&A

At the heart of every legal due diligence for M&A transactions is verification of share ownership. One of the documents requested to verify share ownership is the register of members. It seems like a simple request, yet during some due diligence exercises, I have been provided with the following except …

Due Diligence
M&A Tip: Why Sellers Should Provide Share Ownership Documents (Not Just the CCM Search)

One of the biggest sources of delay in Malaysian M&A due diligence is surprisingly simple: Sellers often provide a company search from the Companies Commission of Malaysia (CCM) when what lawyers really need are the statutory share documents. A lawyer conducting proper due diligence will typically request documents such as:  Shareholders’ …

Lawyering
The Art of Track Change

One of the first things newly qualified lawyers learn (if they haven’t already) is how to use track changes in Word. It’s a simple but powerful tool. It lets the partner, the person reviewing their work, or the counterparty’s counsel quickly see what’s been amended. (In theory) it saves time, …