Many would argue that preparation is the key to life; some would argue against this statement but it certainly rings true for mergers and acquisitions. In order to optimize your standing in an M&A you need to prepare.
This is an obvious first step. Hiring an experienced lawyer will take a lot of the stress off of your shoulders and provide invaluable guidance throughout the process. Your M&A attorney will ensure that all of your legal documents comply with current regulations.
This step should come early in the process, and you should absolutely demand it if you are the selling company. It will protect against confidential information like patent rights, customer lists, passwords, etc. from becoming public before the proper time, and if said information should become public knowledge you will have legal recourse to sue for any damages incurred.
Issues regarding current employees will have to be planned out in advance. It would be prudent to identify what the buying company plans to do in the way of current employee retention, stock options, and transfer of CEO, should there be one.
This is extremely critical and will greatly affect the outcome of the M&A, and even sabotage it if handled improperly. Because the merger and acquisition process is distracting to business as usual, it’s important to not allow the company to decline, as it could make the buying company hesitant to move forward with the deal. The selling company will be under close scrutiny during this time, so make sure everything is up to par.
If you’re looking for an experienced mergers and acquisition attorney in Boca Raton, Florida, RLC Lawyers and Consultants would be more than happy to guide you through this difficult process.