The manufacturing sector has great potential for cross-border mergers and acquisitions. M & A transactions (mergers and acquisitions), i.e. the merger of one company with another (mergers) or the purchase of such a company (acquisitions), can open up new markets as well as, for example, regulating business succession. The Dutch attorneys at MAAK Advocaten advise clients on issues such as stock corporation, corporate and other legal transactions, shareholdings, joint ventures, management buy-ins or buy-outs (MBO/ MBI), as well as restructurings, reorganisations and other forms of cooperation, all of which are becoming increasingly topical, especially in the manufacturing industry.
A takeover under Dutch law
Fast growing dynamic and innovative manufacturing companies and technological developments attract many potential buyers. These are not only strategic buyers, but increasingly private equity investment funds that invest in the manufacturing sector. The Dutch market continues to be very popular with foreign parties. The number of mergers and acquisitions of Dutch companies has risen sharply in recent years and demand continues to grow. We will be happy to be of assistance when a takeover under Dutch law is at stake.
Points of interest | M&A in the manufacturing industry
Large international companies, small and medium-sized enterprises, and niche entrepreneurs are represented in the manufacturing industry and are involved in M&A transactions. However, the realisation of an M&A transaction is often a complicated process also because different interests have to be taken into account. M&A are usually accompanied by multi-faceted agreements and transaction structures as well as challenging legal issues, which can develop quickly and dynamically and can be controversial. The complexity and financial interests that always play a decisive role in M&A transactions therefore raise various problems for entrepreneurs, mechanical engineers or commercial agents.
For example, when it comes to defining a clear strategy for a takeover and planning in advance. Both are decisive factors for a successful conclusion. The negotiation of the M&A conditions, the execution of the M&A due diligence process and the drafting of a purchase or sale agreement, formalisation of the financing strategy and finally the merger or acquisition should therefore be precisely defined in order to avoid unpleasant surprises later on.
Due Diligence in the Netherlands
An important aspect of the takeover negotiations is also the so-called due diligence.
This is a risk assessment which we always advise our clients to carry out when buying or taking over a company in the Netherlands. A takeover should not be initiated before the company in question has been thoroughly examined. This includes a careful examination and a legal and economic analysis of the facts. This so-called due diligence therefore relates to both the economic, legal, financial and tax circumstances of a company.
Within the scope of a due diligence review, our experienced attorneys will support you throughout the entire process and draw conclusions from the information available. The risks should then also be the leading subject of negotiation with regard to agreements such as a Share Purchase Agreement (SPA) and its guarantees.
The Dutch attorneys of MAAK Advocaten can advise you and your company strategically on Dutch corporate law and accompany a business takeover with expertise and experience until closing.
Law firm specializing in takeovers in the Netherlands
MAAK Advocaten focuses on all players in the manufacturing industry and offers a full-service strategy. In addition, MAAK Advocaten has native speakers who can support you in company acquisitions or mergers with German, Dutch, or English-speaking trading parties. In cross-border matters MAAK Advocaten ensures smooth communication.
MAAK Advocaten will gladly support your company in the event of a takeover by another company. Our team for corporate law has experienced and specialised
M&A attorneys in the field of national and international mergers and cross-border acquisitions. The specialist attorneys can advise you in all phases of the transaction process and work with you to determine the further strategy and ensure that your company goes through the entire transaction process efficiently and safely.
M & A transactions in the industry
From both a financial and strategic point of view, MAAK Advocaten’s M&A attorneys record the position, opportunities and risks of your company or the company to be acquired. In addition, they will conduct negotiations with the other shareholders on your behalf, taking into account all legal aspects of Dutch and/or European law that are relevant to your acquisition in the Netherlands.
MAAK Advocaten can also prepare all transaction documents such as a shareholders agreement (SPA), a non-disclosure agreement (NDA), or a takeover agreement.
Finally, MAAK Advocaten can also assist you if you are faced with a commercial dispute in the Netherlands. If a constructive solution is not in sight, our attorneys can help you with questions regarding the interpretation of agreements and liability clauses, as well as claims for damages or representation before the arbitration court.
Dutch attorney specialised in company law
Do you have any questions regarding Dutch company law or do you need specific legal advice in Holland on M&A in the Netherlands? Our experienced English-speaking specialist attorneys in Holland will be happy to help you.