Work with a team that will look for ways to make your business changes hassle-free.
If you're looking to sell or buy a business and want to work with lawyers who can develop innovative deal structures that will work for you, then we can help. We also have great relationships with some of New Zealand's biggest business brokers.
Our approach is to find out what you want to achieve up front. We'll then spend time identifying and overcoming the key issues that can make or break the deal. We'll work alongside your accountants and other advisers to ensure that our proposed deal structure works for you from a financial and tax perspective.
Our business purchase lawyers have experience in advising on asset sales, share sales and mergers and acquisitions. Whether you are in manufacturing, retail, franchising or commercial, we can assist with:
negotiating the purchase price and dispute resolution,
preparing and drafting the necessary contracts or Heads of Agreement documentation,
reviewing the due diligence process for business owners and vendors,
setting of special conditions or restraints of trade,
restructuring your new business (e.g. from a sole trader to a limited liability company) and measures to protect your assets,
understanding and securing the relevant regulatory licences, permits and approvals from the existing business,
reviewing commercial leases, insurance documents and employment records to ensure they comply with legal obligations.
Don't make buying or selling your business harder than it needs to be! Our focus is on getting you what you want and ensuring a smooth transfer from buyer to seller.
Merging your business with another business
Work with a team that will look for ways to make your deal happen.
Are you're looking to merge or to buy or sell a business and want to work with lawyers who can develop innovative deal structures that will work for you?
Our approach is to find out what you want to achieve up front. We'll then spend time identifying and overcoming the key issues that can make or break the deal. We'll work alongside your accountants and other advisers to ensure that our proposed deal structure works for you from a financial and tax perspective.
What is a merger or acquisition?
A merger, or acquisition, is when two companies combine to form one to take advantage of synergies. A merger typically occurs when one company purchases another company by buying a certain amount of its stock in exchange for its own stock.
An acquisition is slightly different and often does not involve a change in management. Typically, the share price of the company being bought will increase as goodwill is taken into consideration in the purchase price.
Shareholders are able to vote on whether a merger should take place or not.
There are a few things that you will need your lawyer to do it you're considering merging your business with another one:
ensure that the merger complies with the law, regulate due diligence (make sure the claims the vendor is making are correct), help facilitate the consolidation when merging the businesses (eg. two finance departments, duplicate staff in similar roles), provide advice around the drafting, negotiation and performance of contracts.
Mergers can bring many benefits to the New Zealand economy by making it possible for firms to be more efficient and innovative. However, some mergers also have the potential to lessen competition to the detriment of consumers and therefore may involvement with the New Zealand Commerce Commission.
If buying, selling, or merging your business is something that you're considering, make sure you've got experience and expertise on your team - give one of our team a call:
