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At Prosper Law, we provide legal support for clients navigating the complexities of mergers and acquisitions (M&A). Our experienced m&a lawyers understand that whether you are buying an established business or selling your own, these transactions are moments that require skilled legal advice.
Our experienced M&A lawyers bring clarity and confidence to the process, helping you understand key considerations and manage challenges that arise during business purchases and sales. We work closely with our clients to ensure the transaction process is thorough, compliant, and seamless. From commercial lease agreements and intellectual property to contracts, equipment, and inventory, our team meticulously handles all legal aspects to protect your interests and provide certainty.
Our M&A legal services are designed to deliver the guidance and hands-on support you need to make every business transaction a successful and rewarding experience. Contact us now.
Contact us for a free consultation
Our mergers and acquisitions attorneys conduct comprehensive due diligence to assess the legal and operational health of the business. This critical process involves thorough examination of all business aspects to ensure informed decision-making.
With Prosper Law, you gain an in-depth understanding of the business’s true value, enabling you to make informed, strategic decisions. Our mergers and acquisitions law expertise ensures no detail is overlooked during this crucial phase.
We draft and review contracts that provide strong legal protection and clarity in every M&A transaction.
Our merger and acquisition lawyers ensure that sale and purchase agreements are tailored to safeguard your interests, including:
By addressing critical items such as payment terms and post-sale responsibilities, we create agreements that minimise risks and secure the value of your transaction. Our experience in m&a deals experience ensures comprehensive protection for all parties involved.
Effective negotiation is at the heart of any successful M&A transaction. Our m and a law firm provide strategic support during negotiations to secure favourable terms and address critical issues, including:
We advocate for your interests to create commercially sound transactions that align with your business goals, whether you’re buying or selling. Get in touch.
Following the completion of your transaction, we provide support for a smooth transition. Our m&a contracts solicitor team ensures seamless handover processes.
Our goal is to provide continuity and stability, supporting a successful transition for all parties involved.
M&A transactions often involve transitioning employees from one business to another. This can be a complex process under Australian employment law.
We assist clients with workforce transition issues, including:
Our employment lawyers ensure that workforce-related aspects are handled legally and efficiently, protecting employee rights while minimising potential disruptions.
Prosper Law has a proven track record of managing complex M&A transactions, including acquisitions and business sales. Our M&A lawyers have years of experience advising clients through high-stakes deals and understand the nuances of both small-scale and large-scale transactions.
Whether you're a first-time buyer or a seasoned seller, we leverage our experience to provide practical advice and streamline the transaction process. Our m&a lawyer team will work with you to mitigate potential risks and ensure your goals are met with precision.
At Prosper Law, we understand that every M&A transaction is unique. Our approach is always customised to align with each client’s specific objectives and challenges. We recognise that m and a law requirements vary significantly between transactions.
We invest time in understanding your business goals, the risks you're willing to take, and the value you seek to gain. Our mergers and acquisitions attorneys create personalised strategies that reflect your individual circumstances and commercial objectives.
By offering personalised services and creating strategies that reflect your individual circumstances, we ensure that every step of the transaction supports your long-term success and commercial vision.
Our M&A legal services are offered on a fixed fee basis. This means our clients know exactly how much they will pay for our services upfront. We pride ourselves on providing a positive client experience by eliminating unexpected legal bills.
Our m and a lawyers believe in transparent pricing that allows you to budget effectively for your transaction.
This approach ensures you can focus on your business objectives whilst knowing your legal costs are controlled and predictable throughout the mergers and acquisitions law process.
Director
Farrah has worked on significant business sale and purchase transactions. She works closely with clients to align commercial objectives and get ahead of the deal. Her expertise in merger and acquisition law matters ensures comprehensive transaction support.
Senior Lawyer
Brooke is a Senior Lawyer. A registered solicitor with the High Court of Australia, Brooke has a remarkable track record of skilled negotiating and drafting complex agreements.
As M&A lawyers, we understand that the business sale process can seem complicated. It’s our job to make this process as straightforward as possible for our clients. But to give you an idea of the process and how a business sale lawyer in our M&A team can help, here’s a guide to the business sale process:
We recommend that you book an initial consultation. This will ensure that important dates, commercial and legal considerations are discussed as soon as possible. You can book a consultation here.
During the legal consultation, we will discuss the business you are selling, how it is structured, what assets / shareholdings are being sold and potential ongoing legal matters. We will also take the time to understand your goals and concerns.
We will provide our initial view on the business sale process and outline how our mergers and acquisitions attorneys can assist you throughout the transaction.
If the seller hasn’t already negotiated the general terms of the sale, our business sale lawyer can do this for you. A terms sheet will record the high level terms that the buyer and seller have agreed to. This terms sheet will later form the basis of the business sale agreement.
The terms sheet may also be written as a ‘letter of offer’ and it is important for it to contain strict non-disclosure obligations. Alternatively, we can draft a separate non-disclosure agreement. This will ensure that there are legal protections around the non-disclosure of information belonging to the seller and the business that is being sold. Our expertise in mergers and acquisitions law ensures all documentation is properly prepared.
The buyer is likely to want to carry out due diligence. This process involves gathering documents and adding them to a ‘data room’. This is generally a cloud-based drive that the seller can put documents into for the buyer (or the buyer’s lawyer) to access. Our merger and acquisition lawyer team manages this process efficiently.
The information is likely to include financial statements, contracts (including customer and supplier contracts), licences, permits, leases, employment agreements, intellectual property rights, and details of any pending litigation or legal matters.
As the legal representative of the seller, we may also conduct our own due diligence of the buyer. For example, to ensure that the purchaser of the business is financially able to complete the business purchase transaction. Our m & a lawyer expertise ensures thorough investigation of all parties.
Your business sale lawyer will represent you negotiating the terms and conditions of the sale of the business with the buyer or their legal representatives. Our experienced m&a deals team focuses on securing the best possible outcome for our clients.
Our M&A lawyers will focus on key aspects of the business sale agreement, including price, warranties, conditions-precedent to completion, indemnities, guarantees and any withholding amounts.
As the seller, you will be involved every step of the way. However, we will do the hard work for you and explain, in plain-English terms (without using complicated legal jargon) what information we need from you. Our m and a law firm prides itself on clear communication.
Once the business sale agreement has been negotiated and agreed, we will work with you to fulfil the conditions-precedent. Conditions-precedent may include obtaining landlord consent, the consent of shareholders or negotiating with other third parties.
Our team coordinates with all relevant parties to ensure smooth completion of these requirements. Get in touch if you need assistance with specific conditions-precedent.
Your business sale lawyer will prepare transfer documents, close out any employment matters, terminate or transfer contracts and any other legal services and advice to complete settlement of the business sale. Our m&a contracts solicitor team manages all aspects of completion.
Once settlement is complete, your appointed business sale lawyer will ensure that any post-settlement obligations are met. This might include ensuring that any outstanding retention amount is paid to our client. Contact us for more information.
Once the sale agreement has been finalised and due diligence has been completed, settlement can occur. It will then be necessary to prepare for operating the new business after settlement. Our commercial lawyers help clients to prepare for this phase by:
Our merger and acquisition lawyer team ensures that all post-completion requirements are handled professionally and efficiently. Understanding m&a deals is essential for smooth post-completion transitions.
Prosper Law has helped businesses across Australia to manage the legal side of the business sale.
Our experienced m & a lawyer team provides comprehensive services including:
Schedule an initial consultation with our experienced business contract lawyers. During this meeting, we will take steps to understand the business and your timeline. Our m and a lawyers provide comprehensive advice from the outset.
We will then prepare a fixed fee quote and advise you of our recommended strategy for your business purchase.
Our experienced M&A lawyers draft, review and negotiate business purchase agreements and share purchase agreements. We will work with you to ensure legal terms are appropriate, including the purchase price, warranties, conditions precedent, indemnities, and guarantees.
Our lawyers ensure that business buyers fully understand the terms of the business purchase contract. This enables buyers to make informed decisions.
At Prosper Law, we provide our clients with a comprehensive understanding of business acquisition documents and the purchase process. We conduct due diligence and will prepare a due diligence report that sets out our analysis of:
Our due diligence will also:
Our business purchase lawyers will monitor and confirm that pre-completion conditions have been satisfied by the seller. This may involve ensuring the seller has obtained consent from landlords, shareholders, or other relevant parties. Our m & a lawyer team coordinates all aspects of pre-completion requirements.
An inventory or stock audit, or a valuation, may also need to be carried out. The type of business being bought determines whether this may be necessary. Our experience with m&a deals ensures all requirements are properly managed.
At settlement, our dedicated team of M&A lawyers will work with the seller’s solicitors to facilitate the smooth transfer of contracts and assets.
We will confirm the settlement statement and confirm payment instructions with the seller’s legal representatives.
Our team of M&A lawyers can provide post-completion legal advice after the settlement of the business purchase.
We will provide legal assistance if the seller has breached the warranties in the share or business purchase contract. Alternatively, a business buyer may wish to recover against any security or retention.
Our due diligence services include comprehensive investigation by our experienced m and a lawyers:
Our mergers and acquisitions attorneys ensure that all aspects of due diligence are covered comprehensively.
Once the sale agreement has been finalised and due diligence has been completed, settlement can occur. It will then be necessary to prepare for operating the new business after settlement.
Our m & a lawyers help clients to prepare for this phase by:
Our m & a lawyer expertise ensures that all post-completion requirements are handled professionally. Whether you need assistance with integration planning or ongoing compliance, our m and a law firm is here to help.
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