Else’s team of specialist commercial solicitors address the question “How to complete a successful merger?”.
Mergers usually see two companies combined into one entity.
They can be high risk and difficult to achieve without the right advice and support.
However, mergers can also be lucrative if both negotiating parties remain calm and focus on their key objectives.
Preparation
Before any contact between the two parties is made, at least one of them should have a strong business case for merging.
They should also be sure that the company they intend to approach can help them to fulfil their aims.
Once contact is made, it will quickly be established if a merger is achievable.
It is unlikely that the two companies will be a perfect fit. Both firms should go into initial discussions knowing which of their terms and objectives are negotiable and which ones are not.
Mergers should always create added value for both businesses. If a merger does not look to be mutually beneficial at this stage there is a good chance that talks may break down.
Establish A Process
If talks continue, the next stage is to create a process. This involves defining terms, highlighting potential issues, appointing responsibilities, setting timescales, and creating confidentiality agreements.
Once this process is agreed by both parties, an understanding should be reached regarding the areas covered in the due diligence each business must undertake.
Due Diligence
A thorough due diligence should be carried out and the results recorded.
Throughout this stage, the results should be tested to ensure that both firm’s objectives will not be compromised. There are a range of potentially problematic areas that must be considered.
The Business Case
The most important step in the whole merger is when each management presents their business case to their firm’s partners.
To achieve consensus, the each team should have been discussing the merger with the partners, particularly the most influential partners, throughout the negotiations.
However, no amount of salesmanship is as strong as a tight achievable business proposal.
Successful mergers are made by a compelling business case coupled with clear-headed commercial solicitors, who should be brave enough to pull out of the deal if it is no longer in the interests of their client.
Else have an expert team of commercial solicitors that will guide you through each step of the merger process.
We will provide practical guidance of the relevant risks and liabilities and ensure that your interests are protected in all agreements and contracts.
To find our more about company mergers and acquisitions, please contact our commercial solicitors in Burton on Trent, on 01283 526200. Alternatively, you can send us a message and we will get in touch at a time that suits you.