Ten elements to consider to carry out a business merger in France
Whether you are a foreign or a national company, you will be confronted with different issues when you carry out a business merger in France. You will have to take into account the management of the premises, the protection of the industrial and commercial secrets, the contracts with the employees, the intellectual property, the data protection, the customer relations, the suppliers but also the management of the competitions. You will have to combine the national legislations with the European ones in order to limit the risks of various nature that such an operation can entail.
In order to ensure the success of your project, it is essential to be surrounded by competent French-speaking advisers: a notaire, a real estate lawyer, an accountant, a tax adviser and of course a good French lawyer specialized in mergers and acquisitions.
M&A : Businessess Merger and Acquisitions :
A business merger is a corporate strategy employed to make two companies become one. This strategy is usually employed when one company wishes to take over another, or when both companies wish to join forces in order to be more competitive in their respective markets. There are many benefits to carrying out a business merger, but there are also some risks that should be considered.
If you are thinking of carrying out a business merger in France, there are a few things you should keep in mind. Here are ten elements to consider when carrying out a business merger in France:
1. Hire an Attorney: Any business merger should be overseen by a legal professional.
2. Know the French Business Landscape: It is important to have a good understanding of the business landscape in France before carrying out a business merger.
3. Due diligence: It is essential to carry out due diligence on both companies before proceeding with a merger.
4. Real Estate Lawyer: If the merger involves two companies that own property, it is advisable to hire a real estate lawyer.
5. Tax law is different in France compared to other countries. It is important to understand the taxation system in France and how it will affect the merger. It can be useful to hire a tax expert who can help navigate the process.
6. Employee Representation: It is important to have representation from the employees of both companies when doing a business merger
7. Valuation of Assets: It is essential to ensure that both companies are properly valued before proceeding with a merger.
8. Assigning New Reporting Structures: It is important to create a new reporting structure following the merger that accounts for the roles of the employees.
9. Implementing New Policies and Procedures: It is necessary to update policies and procedures to account for the new structure of the merged companies.
10. Ongoing Support: It is important to have ongoing support in order to ensure that the merger is successful in the long run.
Carrying out a business merger in France is complex and should not be taken lightly. Knowing the elements involved in the process can help to make the transition smoother. It is important to understand the French business landscape, the taxation system and the implications for the employees. It is also important to carry out due diligence, hire legal and tax professionals, and to implement new policies and procedures. With the help of experienced advisors and support, a successful business merger in France can be achieved.
About the Author :
Business lawyers, bilingual, specialized in acquisition law; Benoit Lafourcade is co-founder of Delcade lawyers & solicitors and founder of FRELA; registered as agents in personal and professional real estate transactions. Member of AAMTI (main association of French lawyers and agents).
FRELA : French Real Estate Lawyer Agency, specializing in acquisition law to secure real estate and business transactions in France.
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