M&A transactions can be regulated and unregulated. Regulated public M&A, where the target is listed on the Australian Securities Exchange (ASX), is typically undertaken by way of a takeover (friendly or hostile deals) or scheme of arrangement (friendly only) governed by a combination of legislation and regulatory policy. Unregulated M&A, where the target is a privately held company, is undertaken by way of private treaty.
M&A lawyers create opportunities for their clients throughout the entire process. M&A lawyers are involved in structuring the transaction, undertaking due diligence (on the buy-side) and facilitating due diligence (on the sell-side), drafting and negotiating the sale documentation and ensuring a transaction successfully completes. M&A lawyers also manage risks by protecting their client’s investment on the buy-side and facilitating as clean an exit as possible for their client on the sell-side. M&A lawyers must also work closely with a client’s corporate advisors, accountants, key management personnel, and other professional advisors to project manage the transaction.
The Australian legal environment is becoming ever more complex and M&A lawyers will advise clients to navigate the regulatory framework within which M&A transactions are undertaken, particularly in a regulated public M&A environment.
The role of an effective M&A lawyer goes well beyond mere legal drafting and compliance. M&A lawyers play a critical role in ensuring their clients’ projects meet their intended commercial outcome on time and budget. They advise their clients on all aspects of a transaction from legal, strategic, and commercial perspectives. ","DefinitionIsActive":true,"DefinitionCanDisplay":true,"DefinitionAuthorHtml":" ","DefinitionAuthorFirmId":56780,"DefinitionAuthorFirmName":"Kain Lawyers","DefinitionAuthorFirmHasProfile":true,"DefinitionAuthorFirmHasBlfProfile":false,"DefinitionAuthorFirmProfileImageUrl":"https://cdn.blrankings.com/best-lawyers/firm-profile-images/kain-lawyers-au-56780?t=2021112315133486","DefinitionAuthorFirmBlfProfileUrl":null,"DefinitionAuthorFirmProfileUrl":"https://www.bestlawyers.com/firms/kain-lawyers/56780/AU","OverviewHtml":"","OverviewCanDisplay":false,"OverviewAuthorHtml":"","OverviewViewUrl":"https://www.bestlawyers.com/australia/mergers-and-acquisitions-law","OverviewIsActive":false,"OverviewAuthorFirmId":null,"OverviewAuthorFirmName":null,"OverviewAuthorFirmHasProfile":false,"OverviewAuthorFirmHasBlfProfile":false,"OverviewAuthorFirmProfileImageUrl":null,"OverviewAuthorFirmProfileUrl":null,"DefinitionViewUrl":"https://www.bestlawyers.com/methodology/practice-areas/australia/mergers-and-acquisitions-law","OverviewAuthorFirmBlfProfileUrl":null,"LexicographicSortName":"1106","SearchItemType":1048576,"SearchItemTypeName":"PracticeAreaDefinition","SearchSortOrder":16,"SortTitle":"1106","HideFromSearch":false}};