In the case of a purchase, sale or merger (joint venture), companies are faced with challenges and possibly tangible negotiations, including the first preliminary negotiations – which should be approached extremely tactically, especially in the international arena – up to the actual takeover of a Dutch company. In the case of cross-border company takeovers, it is advisable to consult a competent Dutch attorney specializing in company law in the Netherlands, who can advise you strategically and legally on the takeover process.
Takeover of business in the Netherlands
The transaction practice of MAAK Advocaten’s Dutch attorneys includes both business takeovers and the legal support of mergers (M&A), disposals, restarts, restructurings and other investment processes.
The specialist attorneys in corporate law focus in particular on industry and innovative companies with potential. The firm’s English Desk, headed by Renso van Wieringhen Borski, also assists with cross-border takeovers where clients can be advised in English on Dutch law. In cooperation with insolvency law specialists, we also explain restructuring options and a possible restart of insolvent companies.
Preliminary negotiations and takeover negotiations
Before a final takeover of a business is made, intensive discussions often take place between the seller and the buyer. Here, the actual economic situation of the company is evaluated and which claims both the seller and the buyer associate with a possible business takeover. In addition, it should be clear whether it is a management buy-out or a management buy-in in the legal sense, as this determines a possible transition of the old and new management which needs to be well prepared, legally secured and well communicated. If a company or part of a company is taken over, it can also be a transfer of business in the legal sense. This should also be analysed from a labour law perspective. After all, the question of a takeover of employees may also arise.
Due diligence in the Netherlands
A takeover should never take place without a prior company audit. A careful examination and analysis of the economic situation of the company is indispensable. A so-called due diligence refers to the economic, legal, financial and tax situation of the company and usually different parts of the company are analysed in such an evaluation. For this purpose, the attorneys of MAAK Advocaten work together with auditors, experts and industry insiders.
In the course of a due diligence examination, conclusions are drawn from the available information and recommendations are made and summarised for clients and the findings are explained in more detail. The risks signalled during a due diligence should be brought into the negotiations in order to strengthen your position. The specialist solicitors will also represent you in negotiations with Dutch partners, for example with regard to a share purchase agreement and the related assurances and guarantees.
Do you need a sparring partner in the Netherlands, who will work with you? Are you planning a business takeover and need someone advise you in English on Dutch law? MAAK Advocaten accompany takeovers from A to Z and advise you with competence and the necessary tact and sensitivity until closing.
Dutch attorney specialised in company law
Do you have questions about Dutch company law or do you need specific legal advice in Holland regarding a business takeover in the Netherlands? Our experienced English-speaking specialist attorneys in Holland will be happy to help you.
Do you have questions about Dutch company law or do you need specific legal advice in the Netherland on the subject of business takeovers in the Netherlands? Our Dutch specialist attorney specialized in management buy-outs will be happy to help you.