INVESTMENTS AND M&A

There is much to consider regarding mergers and the contracting of merger agreements. Is it possible to calculate the value of the enterprise and how the shares should be apportioned? Is this desirable for me? Also, in light of subsequent mergers and divestments, can I be sure that the intellectual property rights that are important for me are in fact included in the company I invest in? How do I maintain sufficient say in my investment, especially if I become a minority shareholder?

Other questions we can answer for you: 

• What do I need to consider in a share transaction?
• Do I need to do a due diligence or is my word enough?
• What statements or information am I obliged to provide?
• What guarantees do I want and can I rightly ask for those?
• Am I automatically included in the shareholders contract or can I demand that this is adjusted according to my wishes?
• Is an earn-out settlement acceptable with payment of the purchase price and what is included in that?
• How much information must I provide about my business and can I, at the time of the sale, limit my liability for non-conformity or error?
• Can I self-finance the sale of my business by giving the buyer a loan if the buyer has insufficient financing from the bank?