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Mergers and Acquisitions Law Definition
Mergers and acquisitions (M&A) are transactions in which the ownership of businesses or assets are transferred or combined. M&A typically involves the sale and purchase of shares in a company or business assets as an ongoing concern or assets on a standalone basis.
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.
