Context of our intervention
- Contributions and partial capital contributions, subject to regulations governing demergers or not.
- Mergers and demergers.
- Granting of special benefits.
Characteristics of business transfer/merger operations
- Legal environment, general economics and specific objectives of each operation.
- Operations which can concern all sectors of industrial, commercial or service activities.
- Multiple and frequently complex problems.
- Frequently tight mission time scales.
Issues of business transfer and merger legal audit missions. Valuation of business transfers and, where relevant, assessment of the fair value of the remuneration involved are essential, as these contribute to:
- securing management and its advisors regarding the options, valuations and legal and tax-related procedures which they propose to shareholders called to give a ruling on the operation,
- clarification for shareholders, before they vote in General Meeting, concerning the ways and means of the proposed operation and its financial conditions,
- protection of creditors whose rights can be affected by overvaluation of business transfers or the conclusion of unbalanced operations.
