Mergers & Acquisition Compliance

Firms enter into business combinations for a wide variety of reasons. Many are in need of additional growth capability, which can be supplied by new products, an infusion of capital or acquisition of new management; others are interested in a business combination to maximize shareholder value or to provide an exit for the ownership for retirement or business continuity reasons. Whatever the reasons for considering a business combination, the needs and goals of the parties should be examined by experienced financial and legal advisors to establish a viable action plan. As the outlines of this plan become apparent, expert tax advice is needed to determine the consequences of various alternative courses of action. Our lawyers work closely with clients to set a negotiating strategy which satisfies the client’s goals and takes into account market conditions, the tax impact on all the parties and the financial condition of the buyer and seller. Clark Hill can help keep your company compliant with the current rules and regulations.

Compliance is a Process, Not an Event

Identify and Assess Risk Areas

  • Is the company aware of compliance requirements?
  • Have any processes or procedures been put in place?
  • Are there immediately identifiable red flags?

Develop or Revise Policies and Procedures

  • Assist employer to establish or amend processes and procedures to ensure Merger & Acquisition filings are completed correctly and timely.
  • Advise on proper storage, retention and destruction policies.
  • Establish policies in the event of audit or investigation.

Train and Educate

  • Prepare materials and conduct training for management and employees on Merger and Acquisition compliance.
  • Continually advise on new rules and regulations 

Monitor and Audit 

  • Monitor efficacy of, and compliance with Merger and Acquisition policies and procedures.

Revise and Adapt

  • Revise policies and procedures to increase efficiencies, correct deficiencies and adapt to changes in Merger & Acquisition rules and regulations.

Defend

  • Advise and defend companies subject to Merger & Acquisition audit.
  • Negotiate with government agencies to reduce fines and penalties for non-compliance.