Mergers and Acquisitions (M&A)
Let us advise you about buying or selling a business enterprise and about preparing for and implementing a generational transition of ownership.
Penta Advokater’s specialist M&A team has been involved in a large number of transfers of business enterprises and we have solid experience in the buying and selling of business enterprises.
Regardless of whether we are assisting the buyer or the seller through a transfer of business ownership, we consider our most important task to be that of establishing an overview through the transfer process, to ensure that all potential issues are taken into account, and of course to ensure that our client has the most optimal conditions for the transfer.
M&A consulting – transfer of a business enterprise
The acquisition or sale of a business enterprise is a big decision. There are many legal aspects that need to be taken into account, regardless of the size of the business enterprise involved. This applies, for example, to the need for due diligence surveys, the drafting of contracts, negotiating pricing and terms as well as ensuring that the employees involved are handled correctly.
All relevant aspects require clarification, and you must be able to feel safe throughout the entire process.
If you are faced with the transfer of a business enterprise, we can advise you about the need for and scope of a possible due diligence process. We can also assist with advice and by drafting a basis for an agreement to transfer the business enterprise, including:
- Declarations of intent
- Non-disclosure declarations
- Due diligence documentation
- Guarantee declarations
- Share transfer agreements
- Asset transfer agreements
- Collaborative agreements/ownership agreements, where applicable
Generational transition of ownership – preparation and implementation
The generational transition of ownership of a business enterprise must take into consideration the future goals of both the business enterprise and its current owner. Financing is not the only factor that needs to be sorted out. There must also be an understanding of tax affairs and inheritance law, depending on whether the ownership is transferred to a trusted employee or to one or more family members.
Before the generational transition of ownership can become a reality, a plan should be drawn up to ensure the best planning of the generational transition of ownership and its personal and scheduling factors.
The team at Penta Advokater has solid experience in advising business enterprises and individuals who are faced with the task of optimising, preparing for or implementing a generational transition of ownership.
We can advise you to ensure the optimal personal and temporal planning that are required if a generational transition of ownership is to succeed, including assistance with:
- Clarification and safeguarding of the family and assets
- Clarification of management rights
- Dividend distribution
- Composition of the purchase price
- Ownership agreements
- Marriage contracts
- Personal wills and testaments
- Drafting of actual wills/action plans for the business enterprise (business wills) if a proprietor-manager dies or takes sick leave for an extended period of time
Do you need legal advice?
Contact Penta Advokater for a non-binding answer about how we can assist your business enterprise during the acquisition or sale of a business enterprise or in the preparation and implementation of a generational transition of ownership.