A merger and acquisition [M+A] transaction is often quite the beast. There’s a lot to consider, a ton of variables, and numerous things that can go wrong! To help you navigate the M+A maze, our mergers and acquisitions team has prepared a series of blogs breaking down different aspects of the process behind mergers and acquisitions law.


the ultimate guide to mergers and acquisitions law

part 1 – structuring an acquisition

To start the series off – we discuss how to structure the deal in an acquisition, and unpack the difference between a share purchase and an asset purchase, covering the advantages and disadvantages of each.

Mergers and acquisition law - structuring an acquisition deal


part 2 – non-disclosure agreements + confidentiality

Non-disclosure agreements are a critical aspect of many legal agreements when working with sensitive information that requires confidentiality. This is particularly true in a merger and acquisition, where parties are often provided privileged information on the other party that is not publically available.

Mergers and acquisition law - non disclosure agreements and confidentiality


part 3 – what due diligence is all about

Unless you’re Elon Musk who apparently is not afraid to hastily make a multi-billion dollar offer to acquire Twitter, you probably want to undergo due diligence before agreeing to a merger or acquisition. Conducting due diligence gives you an opportunity to find out what you’re actually acquiring or merging with, and provides a chance to re-evaluate the agreement based on the findings.

Mergers and acquisition law - what due diligence is all about


part 4 – getting the contract right [and where things can go wrong]

To ensure a transaction runs smoothly, it is important to get all the little details right, and iron out any of the wrinkles in a contract that may cause problems later on. Here are our tips on what you should be covering in the sale agreement.

Mergers and acquisition law - getting the contract right


part 5 – earnouts + working capital adjustments

Earnouts + working capital adjustments help ensure the value of the company being bought out reflects its state at the end of a transaction [rather than only considering the state it is in at the start of one.]

Mergers and acquisition law - earnouts and working capital adjustments


part 6 – approvals + consents

There are often several third-party approvals and consents required to seal a deal during a mergers and acquisitions transaction.

Mergers and acquisition law - approvals and consents


part 7 – dealing with securities + completion

There are several key factors that must be considered when a merger or acquisition is approaching completion. To help, we’ve broken down the steps you need to take before you can seal the deal.

Mergers and acquisition law - dealing with securities + completion


part 8 – restraints, representations + warranties

The settlement might be done but there are still many factors to consider when a transaction is in a post-completion stage. Here we add the final piece of the M+A puzzle and discuss post-completion with a focus on the restraints, representations + warranties.

Mergers and acquisition law - restraints, representations + warranties



we’re here to help!

As always, at businessDEPOT we are all about helping business owners to turn ideas into action and make ‘it’ happen in their business. If you’d like to have a chat, give us a buzz on 1300 BDEPOT or send us an email at oneplace@businessdepot.com.au.


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general advice disclaimer

The information provided on this website is a brief overview and does not constitute any type of advice. We endeavour to ensure that the information provided is accurate however information may become outdated as legislation, policies, regulations and other considerations constantly change. Individuals must not rely on this information to make a financial, investment or legal decision. Please consult with an appropriate professional before making any decision.