We advise our Clients on transactions in which the subject of a transaction are enterprises or their assets and the leading mean to achieve business goals constitutes concentration.
The most common reasons for this type of transactions include on one hand the desire for economic expansion, conquering markets and obtaining know-how of the enterprise subject to merger or acquisition, and on the other hand, the need to obtain an investor to move to another, higher level the business conducted by such enterprise and sometimes even in order to protect the existing business from bankruptcy.
Such transactions are characterized by the necessity to precisely determine the method for the assumed goals and the level of risk acceptance by the Client.
Accession to transactions is often preceded by months of negotiations whose inherent element is the process of examination and evaluation of the subject enterprise (due diligence).
It is also extremely important to determine the tax consequences of transactions, the impact on possible employment relations as well as restrictions resulting from contractual relations with third parties and possible administrative limitations.
In the case of relevant enterprises, it is also important to examine whether the transaction involves the need to obtain the consent for concentration from the President of the Competition and Consumer Protection Authority.
The basic stage that completes the transaction is the conclusion of a share purchase agreement (assets transfer agreement) and, if necessary, making relevant notifications.
In the case of merger transactions the above-mentioned stages experience a lot of differences which result first of all from a completely different means to achieve the objective which in this case is creating a new enterprise and the main problem is the need to integrate and unify two (or more) previously different enterprises.
Our lawyers had the pleasure to participate in mergers and acquisitions transactions within numerous projects, taking active part at each stage. The experience obtained in this way is offered to our Clients.