M&A – Mergers and Acquisitions

We assist with the purchase as well as the sale of companies

We possess in-depth knowledge and experience in advising sellers and buyers of businesses – both small and large companies.

M&A – Mergers and Acquisitions

Commercial and committed advice

The purchase and sale of companies can take many forms during the life of a company

It can be part of succession planning, both within the family and in the form of senior employees purchasing parts of the company. However, globalisation has revealed a growing need for consolidation into larger and larger entities in order for companies to remain competitive. This has resulted in many transactions and will continue to do so in the future.

Focus Advokater advises either buyers or sellers in business transfers. We have many years of experience in the purchase and sale of companies, and our experts have completed numerous large and small transactions, including international transactions.

We have extensive experience and in-depth knowledge of the commercial and human aspects involved in the purchase and sale of businesses. Completing a business transfer requires knowledge of many different areas of law. Focus Advokater ensures your company a dynamic and committed approach to the tasks at hand, with the necessary resources and professional expertise available to achieve a targeted and efficient process. Our advice covers all elements of the transaction.

We assist throughout the entire process

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Analysis and valuation

Due Diligence investigations

Preparing the company for sale through structural adjustments, etc.

Negotiations

Follow-up on the completion of the transaction

Planning the processes

Project management

Preparation of transaction documents

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M&A – mergers and acquisitions

M&A in connection with

Data protection | GDPR

More and more companies are becoming increasingly dependent on business and customer data, including personal data, in order to provide their services and build trust among their customers. Data is often also a major factor in valuation, and this is precisely where compliance with data protection requirements plays a particularly important role. The requirements may vary depending on whether it is a full or partial acquisition of the company, for instance, but in all cases, the seller must always be able to document the establishment of a legal basis for processing, for the preparation of relevant records, policies, procedures, and much more.

Our team of specialists is involved throughout the transaction process and is ready to provide professional advice on the data protection requirements that apply to your specific transaction.

Competition law

When implementing a business transfer, there are often a number of competition law issues that are relevant to consider, both in relation to the implementation of due diligence and in relation to the rules on merger control. Our competition law team assists with all competition law aspects of business transfers to ensure that the transaction is planned and executed efficiently and with a high degree of certainty for the parties involved.

Employees

When companies are transferred, it often affects the company’s employees. This applies both in cases where employees are transferred as part of the transfer of the business (transfer of assets) and in cases where only the transfer of shares in the company takes place (share transfer).

As a company, you have a number of obligations towards your employees in this regard, and we use our expertise to ensure that these obligations are met. In addition, there may be a number of strategic considerations associated with a related party transfer, which we can help you navigate.

As the seller of a company, you will have a particular interest in ensuring that your employment documents, including contracts, internal policies, and manuals are up to date and in accordance with applicable law. In addition, you will have an interest in ensuring that there have been no conflicts with your employees. This is to ensure that you have as smooth a due diligence process as possible and thereby secure the best possible price for the business.

As the buyer of a company, you will have a particular interest in the transfer process in uncovering whether the employment documents, including contracts, internal policies, and manuals are up to date and in accordance with applicable law. In addition, you will have an interest in ensuring that there have been no conflicts with the company’s employees. This is to make sure that you clarify the relevant issues in the due diligence process, thereby securing the best possible price for the company, but also to protect yourself against any employee claims that may arise later on.

Tax considerations

In connection with a business transfer, it is important to be aware of the tax and VAT aspects of the transfer. The scope of these aspects depends on the specific situation, including the company structure and whether the transfer is a sale of shares or a sale of assets.

We ensure that these issues are addressed in connection with a business transfer so that the transfer is organised and implemented in the most optimal way.

M&A – Mergers and Acquisitions

Business transfers raise many questions

Deciding to buy or sell a business can be a big decision, often involving significant assets. At the same time, a business transfer can be complicated and involve many issues that need to be considered such as tax, GDPR, employees, competition law, and many other matters.

At Focus Advokater, our large team ensures that we are always able to perform the task and handle the challenges and questions that arise during a business transfer.

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M&A – Mergers and Acquistions