I once worked on an M&A deal that everyone expected to close fast.

It was a limited legal due diligence on a Malaysian target company. It did not have voluminous documents for review.

However, what should have been a sprint turned into a slow marathon.

It certainly was not because the advisers were dragging their feet. It was because the flow of information was not as clear, complete, or correct as it needed to be.

It made me realise something: founders and sellers actually have far more power to speed up (or slow down) an M&A transaction than they think.

A well-prepared founder/ seller can reduce the timeline by weeks.

These are a few things founders/ sellers can do that make a real difference:

1. Answer every question – fully

If a question has parts (a) and (b), answer both. Do not respond to one and leave the other blank. Doing so only forces the lawyers to go back to the target company for clarification.

2. Provide correct answers the first time

An incorrect or inconsistent answer triggers multiple rounds of “can you please confirm…”. It creates unnecessary confusion and delay.

3. Follow the instructions for each jurisdiction

If the target group has entities in multiple countries, respond to each due diligence requisition list prepared by legal counsels for the respective jurisdiction.

Follow the instructions for the legal due diligence.

Do not combine the answers for target companies from different jurisdictions unless this is what is requested.

Do not use the due diligence requisition list meant for one jurisdiction for other jurisdictions.

Each jurisdiction may have its own peculiarities.

4. Give exactly what is required

If the due diligence requisition list asks for register of members and other statutory registers, give exactly those documents. Do not provide search from the Companies Commission of Malaysia as a substitute.

There are reasons why certain documents are requested. Until the target company provides the documents or confirms the documents do not exist, the legal counsels would have to keep asking.

Founders and sellers often assume that buyers or lawyers control the pace of an M&A deal.

However, from what I have seen, the fastest closings happen when founders and sellers are organised during the legal due diligence process.

I share insights like this to help clients and counsels navigate Malaysian M&A with clarity. If you’re preparing for a sale or acquisition, always happy to connect.

#MalaysianCorporateLawyer

This post was first posted on LinkedIn on 2 December 2025.