Corporate Mergers And Acquisitions
We at Barnard Inc, facilitate the execution of Corporate Mergers and Acquisitions and advise on the legislative and tax implications of the mergers and acquisitions.
We work in conjunction with other departments in our firm with regards to intellectual property law, competition law, tax law, banking and finance law and to ensure each transaction addresses all the applicable legal spheres so that we adequately advise on the specific merger or acquisition deal.
We offer legal advice, drafting, negotiation and Contractual Management Services in the following specific areas in mergers and acquisitions:
Our team along with our firm’s financial advisors will assist the client with performing a due diligence on the compliance of the company to be acquired or merged with. This includes determining the actual value of the assets, business and the goodwill of the company.
We will assist our client to restructure their company or group of companies to achieve the minimum tax implication and to ensure the client’s rights are adequately protected in the merger or acquisition.
We shall draft and negotiate the necessary agreements to give effect to the merger and acquisition including but not limited to:
- The sale of shares agreement/s;
- The on-sell of shares agreements;
- The sale of business agreement;
- The sale of assets agreement; and
- The sale of property agreement (if applicable).
Our tax law attorneys will provide detailed tax opinions on the effect of the merger or acquisition. They will advise if there is any legal mechanism to minimise the tax consequences of the merger and acquisition and shall advise accordingly.
Our competition law attorneys will advise if any merger or acquisition may be anti-competitive and will further advise and assist in the drafting of the proposal to the competition commission should it be necessary for the client to obtain the consent of the competition commission to proceed.