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8 contents Buyers need to consider before closing an M&A transaction

03/11/2024
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Mergers and acquisitions (M&A) is a complex process and requires careful consideration from the buyer.

This article was consulted by Lawyer Nguyen Quang Trung

TLT LEGAL LLC – VIETNAM BAR FEDERATION

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Here is a detailed analysis of the contents that buyers need to consider before deciding on an M&A transaction:

  1. Strategic objectives

First of all, the buyer needs to clearly define its strategic objectives when conducting an M&A transaction. This objective may include expanding the market, increasing production capacity, accessing new technology, or eliminating competitors. Clearly defining strategic objectives helps the buyer choose the right business and make the right decision.

  1. Evaluating the value of the business

Evaluating the value of the business is an important step in the M&A process. Buyers need to use different valuation methods such as the asset method, income method, and market method to determine the true value of the target business. Accurately assessing the value of the business helps the buyer negotiate a reasonable purchase price and avoid financial risks.

  1. Financial situation

The buyer needs to carefully review the financial situation of the target business, including financial statements, cash flows, debt, and other financial commitments. This helps the buyer assess the financial capacity of the target business and identify potential financial risks.

  1. Operating situation

The operating situation of the target business is an important factor to consider. The buyer needs to evaluate the operating efficiency, production process, product quality, and competitiveness of the target business. This helps the buyer identify the strengths and weaknesses of the target business and propose improvement measures after completing the M&A transaction.

  1. Corporate Culture

Corporate culture is an important factor that affects the success of the M&A process. The buyer needs to consider the cultural fit between his business and the target business. Cultural differences can lead to conflicts and difficulties in the post-M&A integration process.

  1. Management Team

The management team of the target business is an important factor to consider. The buyer needs to evaluate the capacity and experience of the management team to ensure that they can continue to operate the business effectively after the M&A transaction is completed. An experienced and capable management team will help minimize risks and increase the likelihood of success of the M&A process.

  1. Legal Regulations

Legal regulations are an indispensable factor in the M&A process. The buyer needs to master the legal regulations related to M&A to ensure that the process takes place legally and does not encounter legal risks. Legal regulations may include competition law, corporate law, and tax regulations.

  1. Time and progress

Time and progress are important factors that influence M&A decisions. Buyers need to clearly define the time and progress of the M&A process to ensure that the process is smooth and efficient. Time and progress management should be based on close coordination between stakeholders and a deep understanding of the M&A process.

Tags: Contract lawDoing business in VietnamM&A

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