hungary-company.eu

Legal support during a merger or acquisition of a company in Hungary

Within the business world, mergers and acquisitions (M&A) are innovative strategies that help companies achieve their fundamental goals and combine their capabilities. Thorough preparation is crucial for these complex transactions to be successful, and legal guidance is necessary at every stage of the process.

Consultation about merger or acquisition

Legal professionals offer important advice and understanding regarding the possible legal consequences and tactics in mergers and acquisitions in Hungary. Our team helps in organizing the transaction, assessing risks, and guaranteeing adherence to the country’s laws and regulations. Additionally, they provide guidance on negotiation strategies, deal terms, and overall transaction oversight, enabling companies to make educated choices and successfully navigate the complexities of the merger or acquisition process within Hungary’s legal system.

Due diligence

Conducting thorough due diligence is crucial for the success of any merger or acquisition. Legal experts play a key role in this phase by meticulously reviewing the target company’s contracts and legal matters. This includes analyzing current obligations, potential liabilities, intellectual property portfolios, ongoing legal disputes, and overall compliance issues. Through due diligence, the acquiring company gains a deep understanding of the legal landscape, enabling them to make informed decisions and implement risk management strategies.

Regulatory conformance

It is essential to understand and follow Hungary’s different regulatory requirements in order to successfully navigate M&A transactions. Legal experts are skilled at interpreting and adhering to Hungary’s securities laws, antitrust laws, and industry-specific regulations. Their expertise ensures that the merger meets legal standards in Hungary, and they work diligently to secure any necessary notifications or permissions from Hungarian regulatory bodies. Compliance procedures are thorough within Hungary’s legal system, minimizing the risk of encountering obstacles that could hinder the transaction process.

Negotiation and drafting of agreements

One crucial step in the M&A process is the drafting and negotiation of agreements. Legal experts are primarily responsible for creating comprehensive, binding agreements that safeguard the interests of both the target and acquiring companies. These agreements, which include employment contracts, confidentiality agreements, and purchase agreements, encompass a range of documents. Legal professionals meticulously review every aspect of the agreement, including the allocation of liabilities, establishment of representations and warranties, and post-merger requirements. This meticulous process bolsters the transaction’s legal foundation and helps prevent potential disputes.

Employee and employment law considerations

Issues with employment law are very important during mergers and acquisitions as they have a direct impact on the employees. Legal experts assist businesses in understanding and complying with labor laws in areas such as employee benefits, pensions, and contractual obligations. In addition to ensuring legal compliance, they also help facilitate a smooth transition for employees, promote effective communication, and address problems openly and honestly. By navigating the complexities of employment law, legal professionals play a key role in building a motivated and unified team within the newly formed organization.

Aligning legal realities via integration planning

The success of the merger in the crucial post-merger integration stage depends on the seamless integration of the two companies. Legal assistance is crucial in creating and executing an integration strategy that considers contractual, regulatory, and legal factors. This involves coordinating compliance processes, aligning contractual structures, and streamlining legal entities. Legal professionals work together with other stakeholders to facilitate a smooth integration process that enables the realization of synergies and prevents disruptions.

Mitigating risks and dispute resolution

Despite thorough preparation, conflicts and unexpected challenges can still arise before or after a merger. Legal professionals play a crucial role in identifying and addressing these risks through preventive measures. When it comes to resolving conflicts, they are vital in facilitating negotiations, finding compromises, and taking matters to court if necessary. Ensuring the stability of the newly formed entity and safeguarding the value generated from the merger largely hinges on effectively resolving disputes.

Types of mergers

There are various types of mergers depending on the characteristics and arrangement of the deal. Here are a few typical ones:

Operational merger

In essence, an operational merger involves one company acquiring another company, with the larger company typically carrying out an evaluation of the smaller company, paying for the acquisition mainly in cash, and subsequently establishing the target company as a subsidiary of the acquiring entity.

Corporate merger

During a corporate merger, both companies engage in the process of due diligence to assess the fair valuation of each entity and evaluate the potential commercial synergies between them. Upon completion of this process, one company will exchange its shares for newly issued shares in the other company based on the agreed valuation of the two entities.

Post-merger

The process of integrating after a merger is the same in both scenarios, and it may be beneficial to refer to an acquisition as a merger to show the equality of the relationship when informing clients and employees. It could be argued that the integration process that follows a merger is just as crucial as the initial deal.

Different types of mergers require specific considerations and strategic goals, with legal advice being essential for evaluating the consequences and assisting companies during the procedure.

Book a consultation

It is recommended to schedule a consultation with skilled legal professionals in order to navigate the intricacies of mergers and acquisitions successfully in Hungary. Seeking early legal advice when contemplating a merger, acquisition, or any corporate transaction within Hungary can assist in reducing risks, improving deal structures, and guaranteeing compliance with regulations.

Contact us