Mergers & Acquisitions

Mergers & Acquisitions Legal Services

Looking to acquire another business, purchase shares in an existing company or combine business operations? At Rise Legal, we assist Australian business owners with the legal aspects of mergers, acquisitions and commercial transactions.

From reviewing acquisition agreements and conducting legal due diligence to advising on business structures, warranties, liabilities and ownership arrangements, our lawyers help you understand the legal risks and obligations involved in your transaction.

We provide practical, commercially focused legal advice with fixed fees agreed upfront for defined stages of work.

With offices on the Gold Coast, in Perth and Sydney, we assist businesses across Australia.

  • ZBusiness acquisitions
  • ZShare purchase agreements
  • ZLegal due diligence
  • ZHeads of agreement
  • ZWarranties and indemnities
  • ZBusiness restructuring
  • ZAsset purchase agreements
  • ZShareholder arrangements
  • ZIntellectual property transfers
  • ZCommercial lease assignments
  • ZPPSR and security interests
  • ZSettlement documentation

Business Acquisitions and Company Purchases

Acquiring an existing company or combining business operations can create opportunities for growth, but it also involves important legal and commercial considerations.

Before committing to a transaction, buyers should understand the ownership structure, existing contracts, potential liabilities and legal obligations associated with the business being acquired.

Rise Legal assists with preparing and reviewing acquisition documentation, identifying contractual risks and helping business owners understand the legal steps involved in completing a transaction.

Share Purchases vs Asset Acquisitions

An acquisition may involve purchasing shares in an existing company or acquiring selected business assets.

Share acquisitions involve purchasing shares in the company. The company generally continues to own its existing assets and remains responsible for its liabilities, including liabilities that may not be immediately apparent.

Asset acquisitions involve purchasing specified business assets, such as goodwill, equipment, intellectual property and customer contracts. The parties need to identify which assets and liabilities are included and what consents or transfers are required.

The appropriate structure depends on the commercial objectives, taxation considerations, existing liabilities and contractual arrangements.

Our lawyers can assist with the legal documentation and work alongside your accountant or taxation adviser when considering the transaction structure.

Legal Due Diligence for Business Acquisitions

Legal due diligence helps buyers identify risks before making a binding commitment or completing an acquisition.

Depending on the transaction, this may involve reviewing:

  • Corporate structure and share ownership.
  • Existing business contracts and commercial obligations.
  • Outstanding liabilities and registered security interests.
  • Commercial leases and property-related agreements.
  • Employment arrangements and employee entitlements.
  • Intellectual property and trademark ownership.
  • Licences, permits and regulatory obligations.
  • Existing disputes, claims and disclosed legal risks.

Findings from due diligence may influence the purchase price, contractual conditions, warranties and indemnities negotiated between the parties.

Acquisition Agreements and Commercial Documentation

Acquisition transactions often require several legal documents to record the agreed commercial arrangements and responsibilities of each party.

Depending on the transaction, Rise Legal can assist with preparing or reviewing share purchase agreements, asset purchase agreements, heads of agreement, shareholder agreements and related commercial documents.

We also assist with contractual provisions dealing with purchase price adjustments, warranties, indemnities, completion obligations and restraints of trade.

Frequently Asked Questions

What is the difference between a merger and an acquisition?

An acquisition generally involves one business or entity acquiring another business, company or ownership interest. A merger broadly refers to businesses combining their operations or ownership arrangements. The legal structure can vary depending on the transaction.

Do I need legal due diligence before acquiring a company?

Legal due diligence is strongly recommended before acquiring a company or substantial business interest. It can help identify contractual obligations, liabilities and other matters that may affect the acquisition.

Can Rise Legal assist with share purchase agreements?

Yes. Rise Legal assists with preparing and reviewing share purchase agreements and related commercial documentation, subject to the nature and complexity of the transaction.

Does Rise Legal offer fixed fees for acquisitions?

Yes. We offer fixed-fee services for agreed scopes of work, with costs confirmed upfront. More complex transactions may be divided into defined stages.

Speak with Our Mergers and Acquisitions Lawyers

Considering acquiring a business, purchasing shares or restructuring business ownership? Rise Legal can help you understand the legal considerations and documentation involved.

Call 1300 064 707 or contact Rise Legal to book a free initial discovery call.

For smaller business transactions, you can also explore our Business Sales and Purchases services.

Disclaimer: The information provided on this page is general in nature and is intended for informational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for advice tailored to your specific circumstances. We recommend seeking independent legal advice before making any decisions based on this information.