Mergers & Acquisitions Lawyers

Mergers and Acquisitions are undoubtedly one of the most complex events that a business can experience. Successful mergers and acquisitions rely on both the ability of the company to recognise and adapt to complex legislation, and facilitating open dialogue. Australian-announced Mergers and Acquisitions deals reached a record $318 billion total in 2021, and investment bankers are expecting this number to continue to rise in the next few years.

In an environment where target companies and buyers are constantly engaged in dealmaking, the Australian legal framework surrounding M&A is evolving to keep pace with business practices, and subsequently growing exceedingly complex. M&A lawyers can assist in elucidating the dynamic legal conditions to their clients and provide advice throughout all of the transactional stages within a merger or acquisition.

With over 40 years of experience, Atkinson Vinden expertly creates opportunities for our clients to modify the merging or acquiring process by providing comprehensive legal, strategic and business advice. Our mergers and acquisitions lawyers navigate the convoluted legal and regulatory framework for our clients so they can feel confident that their company is making a strong, informed decision.

If you are looking for a commercial business acquisition lawyer in Sydney, or for further information regarding commercial real estate mergers and acquisitions, please do not hesitate to contact our Commercial Law Team.

How a Mergers and Acquisitions Attorney can help

Mergers and Acquisitions law covers transactions that involve entire businesses and their assets. Mergers describe the fusion of two businesses into one, whereas an acquisition is the term for one company purchasing all or most of another company. The complexity and duration of a merger or acquisition depends on the size of the companies involved, and whether the seller is managing a competitive sale process. 

The legislation behind Mergers and Acquisitions differentiates between private and public transactions. Private mergers and acquisitions are between private businesses, while public transactions involve the Australian Securities Exchange (ASX). While the legislation behind public transactions can be found in the Corporations Act 2001, private mergers and acquisitions are mostly regulated by contract law.  

A mergers and acquisitions attorney can be involved in all stages of the transactional process, no matter whether the transaction is private or public in nature. This includes the undertaking or facilitating of due diligence, the drafting and negotiation of sale documentation, advising on risk management, and helping in the management of the final transaction.

  • OUR MERGERS AND ACQUISITIONS LAWYERS’ EXPERTISE

    Atkinson Vinden is a mergers and acquisitions law firm recognised for its expertise in a wide range of mergers and acquisitions (M&A) across a broad spectrum of industries. We work with both buyers and sellers, and have the ability to assist companies in mergers and acquisitions no matter their size or structure.

    Our mergers and acquisition lawyers frequently advise on various large and complex transactions and act as a vehicle to achieve our client’s goals in a commercial and timely manner. Our M&A lawyers add value by consistently meeting with our clients to identify their goals, risk and develop strategies from where our clients are to where they want to be.

    We not only negotiate agreements, but work alongside our clients, their financial advisors and internal managers to problem solve and adopt procedures to ensure the agreed strategy will meet the client’s goal, in the most cost effective manner. We understand that each business and company is unique and our approach is tailored to each client’s needs and specific transaction. Our lawyers understand that mergers and acquisitions comprise an important part in the lifecycle of a business, and aim to help simplify the intricate process associated with it as much as possible.

    Our business acquisition lawyers have assisted in transactions including, but not limited to: joint ventures, sale and purchase transactions, consolidations, tender bids, divesting, merger, acquisitions (including not-for-profit organisations) and equity participation.

  • OUR M&A LAWYERS OFFER:

    • Due Diligence: Considered one of the core obligations to ensure successful mergers and acquisitions law, due diligence prevents businesses from losing money or making a poor investment choice. Properly conducting due diligence provides the client with a clear idea of any problem areas that may need to be investigated, allowing the client to make an informed business decision.
    • Deal structuring: advising clients on negotiation and deals.
    • Value adding: Companies often overestimate the synergy gains from a transaction, while underestimating the costs of company integration. This means it is essential for acquirers to receive thorough advice on how to realise value.
    • Corporate guidance and governance: including directors, boards, shareholders.
    • Merger integration: A successful post-merger integration framework provides a comprehensive solution to the inevitable consequences of merging. This can include restructuring a company’s organisation and processes, supply chain management, production, human resources, finance and accounting, and information technology.
    • Timely and effective advice: The lengthy time period of many M&A processes means that this area of law relies on consistent advice.
    • Risk audits: including financial and tax risk management, and potential conflicts of interest.
    • Problem solving and practical solutions: We help identify our client’s core objectives and use these business plans to pinpoint legal issues. These objectives and legal issues form the basis of our client’s roadmap to success.

    Our lawyers’ expertise in mergers and acquisitions law enable us to execute strategies and play a significant role in any advisory process. We provide commercial advice as well as legal, to ensure our clients reach their desired outcome on time and within budget.

    There are many risks associated with both taking on another business or selling your company. We encourage our clients to pay careful notice of issues beyond the immediately obvious. For example, holding onto key staff is critical for a business’ continued success, particularly if those persons possess important knowledge about company operations, or connections with key suppliers and third parties. A corollary of this is ensuring that those employees who leave have adequate restraints in place to avoid unfair competition in the marketplace.

    If you have any further questions regarding the services our M&A lawyers can provide, or how legal advice could secure your company’s merger or acquisition, please get in contact with our expert team here.

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