We advise our clients on transactions in which the subject of the transaction are enterprises or their assets, and where concentration is the leading means to achieve business goals.
The most common reasons for this type of transaction on the one hand is the desire for economic expansion, gaining of markets and the know-how of the merger or acquisition of enterprise, on the other hand the need to find an investor to move to another, higher level business run by the company and sometimes even to protect the existing business from bankruptcy.
Such transactions are characterized by the necessity to precisely determine the method to the assumed goals and the level of risk accepted by the client.
In the beginning transactions are often preceded by months of negotiations, which are an inherent element of the process of examination and evaluation of the business subject (due diligence).
Extremely important is to determine the tax consequences of transactions, the impact on possible employment relations, as well as restrictions resulting from contractual relations with third parties, as well as possible administrative restrictions.
In the case of market-relevant enterprises, it is also important to examine whether the transaction involves the need to obtain the consent of the President of the Office for Competition and Consumer Protection for concentration.
The basic stage that completes the transaction is the conclusion of a share purchase agreement (shares or transfer of assets) and, if necessary, making relevant applications.
In the case of merger transactions, the above-mentioned stages can vary, which results in a completely different means to achieve the objective of creating a new enterprise, and the main problem is the need to integrate and unify two (or more) formerly different enterprises.
Our lawyers had the pleasure to participate in mergers and acquisitions transactions in many projects, taking an active part at each stage. The experience gathered in this way is offered to our clients.