What is the difference between a trade sale and a share sale?

A share sale is where the shareholders of a company sell their shares. A share sale can either be a complete sell out or a partial selldown. A trade sale is where the company sells its business assets. The underlying ownership of the selling entity does not change. Only ownership of the assets being sold changes.

A merger involves two companies combining. Instead of receiving cash, the shareholders in the smaller company (called the “target”) will usually swap their shares for shares in the larger company (the “acquirer”).

How do I get my startup ready for an exit event?

Before finding a buyer, it is important that you have a lawyer and M&A adviser conduct It is important that you go through a pre-sale process with both a lawyer and an M&A adviser before finding a buyer. That will assist in identifying any issues that could otherwise cause your exit event to become delayed, fall over, cause a poor tax outcome or negatively affect the potential purchase price.

How do I get my startup ready for an exit event?

Before finding a buyer, it is important that you go through a pre-sale process with both a lawyer and an M&A adviser. That will assist in identifying any issues that could otherwise cause your exit event to become delayed, fall over, cause a poor tax outcome or negatively affect the potential purchase price.

Private Mergers & Acquisitions

Whether you are buying or selling shares in a startup, or your startup is selling its business in a trade sale, you will proceed with confidence with us. We have negotiated and countless seven- and eight-figure deals, and we are ready to get your deal done.

How we help in Mergers and Acquisitions?

With extensive experience in negotiating and closing share sales and trade sales, we narrow down the key issues quickly, thereby accelerating the negotiation process. We give definitive advice and help our clients assess commercial risk, which is why our clients trust us with their deals.

We cover all stages of Private M&A, including:

OUR APPROACH

Giving you the right advice to launch, raise & grow faster.

1/Confidentiality agreement

This is to protect any confidential information the seller discloses to the buyer, for the purpose of the parties assessing whether to proceed with the transaction.

2/Term sheet

This is a short-form document that records the key commercial terms of the proposed deal, such as the price, any conditions precedent, the scope of any restraints to be given by the seller and target milestones for the deal.

3/Due diligence

This where the buyer conducts financial, commercial and legal investigations into the target company to determine the market value of the shares or business being acquired.

4/Negotiate definitive transaction documents

This is where the parties negotiate a detailed share sale agreement or business sale agreement, and any other related transaction documents.

How do mergers work?

A merger involves two companies combining. Usually, the smaller company (called the “target”) will sell its business to the larger company (the “acquirer”), and the shareholders in the target will get shares in the acquirer, instead of cash.

FACTS & STATS

Let’s talk numbers

$100M

Private M&A

transactions completed

250+

Global trade mark rights

currently under management

15+

Years of expertise

in corporate law

Find answers to the most

Frequently Asked Questions

When you consider availing legal services for your start up or business, it is normal to have a lot of questions cross your mind. We have tried to answer the most frequently asked questions by start up founders and business owners like yourself.

How can we help you?

What is the difference between a trade sale and a share sale?
A share sale is where the shareholders of a company sell their shares. A share sale can either be a complete sell out or a partial selldown.
A trade sale is where the company sells its business assets. The underlying ownership of the selling entity does not change. Only ownership of the assets being sold changes.
How do mergers work?
A merger involves two companies combining. Instead of receiving cash, the shareholders in the smaller company (called the “target”) will usually swap their shares for shares in the larger company (the “acquirer”).
How do I get my startup ready for an exit event?
Before finding a buyer, it is important that you go through a pre-sale process with both a lawyer and an M&A adviser. That will assist in identifying any issues that could otherwise cause your exit event to become delayed, fall over, cause a poor tax outcome or negatively affect the potential purchase price.