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To buy or not to buy?

Thinking of buying a business? There may be more to consider nowadays than you might think; due diligence is vital when it comes to deciding whether or not to go ahead with an acquisition, it helps a the potential buyer to decide if the price is right or fair, or if there is any specific risk that can be identified which can be covered by specific indemnity clauses in the sale and purchase agreement and even whether to proceed or not, as previously stated.

Matters are further complicated now because of the uncertainty surrounding Brexit. Buyers must now consider expanding their due diligence activity to include Brexit-related issues such as European-registered intellectual property, foreign employees and contracts with third parties based in the EU.

Just looking at intellectual property that may be European-registered, will the buyer need to obtain a specific UK registration? It may be necessary to renegotiate Intellectual property licences where the territory of the licence is linked to the EU or even the European Economic Area so that all relevant parts of the UK are still included.

Company acquisitions are more complex than ever so you need a good legal team behind you at all times, why not give us a call?

This entry was posted in Business Contracts, Business Aquisitions and Disposals and posted on March 7, 2017