Representations & Warranties – No One-Size-Fits All
Private M&A purchase and sale agreements in Canada follow a very familiar pattern and typically include what can be described as the ‘usual representations and warranties’. ... Continued
The Staged Buyout
Discusses the three critical elements of a staged buy-out process
Buyer Beware: Employee Liabilities from a Business Purchase
Discusses the employee liabilities involved in business transactions and s. 97 of the ESA
Donations of Private Company Shares
The budget proposed changes to extend capital gains tax exemptions where the proceeds from the sale of private company shares and real estate are donated to charity
The Standstill and Exclusivity Agreement
Discusses what is necessary for a standstill agreement to be valid and enforceable
The NDA (or Confidentiality Agreement)
There are certain requirements that are necessary to be in place when reviewing a confidentiality agreement
The M&A Advisor
Discusses the significant benefits to sellers in using the services of an M&A advisor when selling their business
Acquiring Contracts in an M&A Transaction
When acquiring a business, a key component is the contracts to which the company is a party to, and what contracts are transferrable
Is it Time to Restructure?
Discusses the benefits of restructuring a business in order to see capital gains exemptions
Succession and Minority Shareholders
Discusses that even when a business is not doing well there is opportunity to start planning for succession and for it be a great benefit to the client
Maintaining Accurate Corporate Records
Outlines a few considerations for keeping proper minute books and corporate records
The Lifetime Capital Gains Exemption
In order to qualify for the lifetime capital gains exemption, the shares must pass three separate tests