Mergers and Acquisitions
Takeover assistance
Sooner or later, every businessman reaches the point where he either wants to sell his business or take over another company. While there can be all kinds of reasons for this, one constant never changes: the risks must be kept to an absolute minimum.
The term “takeover” is often instantly associated with the buying and selling of shares. Nothing could be further from the truth however. Under the Belgian Code on Companies and Associations, there are numerous options such as mergers, takeovers, asset deals, transfers of business, etc. to achieve the same objective, i.e. buying or selling a business. We will advise you on the type of takeover contract that best suits your intended transaction.
Merges and acquisitions pose a challenge for buyers and sellers alike. From the initial talks to the signing of the contract, we will support you in word and deed. Together, we will negotiate the best possible deal, one that covers all the legal aspects.
When it comes to acquisitions, we will assist you, as buyer, with the performance of a so-called due diligence before embarking on the actual negotiations. From a legal perspective, we investigate all the risks you may be exposed to when purchasing another business. On the basis of that due diligence, the purchase price can oftentimes be drastically reduced or you may even come to realise that buying the company in question may not be such a good idea after all.
The signed agreement will commonly contain numerous obligations on both buyer and seller. For that reason, legal advice even after the agreement has been concluded is of the essence. Examples that spring to mind are compliance with a non-recruitment or a non-compete clause. We will be happy to advise you on how post-takeover obligations such as these must be adhered to.