Mergers and Acquisitions: Strategies from Start to Finish
With mergers & acquisitions driving post COVID economic growth, this comprehensive program will give you the competitive edge to succeed. Industry leading experts will share their insights and strategies as they examine the latest trends, negotiating tactics, and tax structuring. Gain practical skills on how to manage foreign acquisitions and takeovers and explore post completion issues including account adjustments, the application and enforcement of restraints and warranty disputes. WEB2111N11
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Andrew McFarlane, Partner, BDO Australia
9.00am to 9:10am Opening Address
Presented by Andrew McFarlane, Partner, BDO Australia
9:10am to 10:10am Effectively Negotiating Mergers & Acquisitions
- Strategies for effectively negotiating in an M&A context
- Examine the ‘do’s’ and ‘do nots’ for M&A success
- Explore trends in negotiated positions in both public and private deals
Presented by Rebecca Maslen-Stannage, Chair & Senior Partner, Herbert Smith Freehills; Chair, Global LLP Council; 2019 Australian Dealmaker of the Year, Australasian Law Awards; Leading Corporate Lawyer, Doyle’s Guide 2020
10:10am to 11:10am Tax Structuring Strategies for M&A
- Buying or selling an entity out of a consolidated group
- Buying or selling an entire consolidated group
- Scrip for scrip rollover
- Earn outs
- Engagement with FIRB on tax matters
- Key share sale agreement issues
Presented by Ellen Thomas, Partner, PwC; Leading Tax Lawyer, Doyle’s Guide 2020
11:10am to 11:25am Break
Professional Skills
11:25am to 12:25pm A Guide to Mergers & Acquisitions in a Foreign Market
- Best practices for advising, with reference to:
- Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Security of Critical Infrastructure Act 2018 (Cth); Federal Government’s Foreign Investment Policy
- Advising on notification of foreign investment in Australia in respect of notifiable actions, significant actions, notifiable national security actions and reviewable national security actions
- Advising foreign persons on applications for exemption certificates in relation to acquisitions of interests in Australian land, assets and securities
- Advising on obligations arising under the Security of Critical Infrastructure Act 2018 (Cth); obligation for holders of critical infrastructure assets to provide certain information in relation to the operations of such assets and their interest and control to the Secretary to the Department of Home Affairs for inclusion on a private register
Presented by Carl Hinze, Partner, Holding Redlich; Co-editor, Financial Services Regulation, Oxford University Press
12:25pm to 1:25pm Post-Completion Issues Checklist
- Managing the process for completion accounts adjustments
- The payment of earnout amounts and release of retained funds from escrow
- Post-merger integration issues
- The application and enforcement of restraints
- The use of transition services agreements
- Disputes arising from warranty claims
Presented by Gerry Cawson, Director, Kain Lawyers; Best Lawyers 2022, Mergers and Acquisitions Law; Private Equity Law, Venture Capital Law, Commercial Law, Corporate/Governance Practice; Corporate Law; Funds Management; Leveraged Buyouts; Preeminent Corporate Lawyer and Recommended Commercial Lawyer, Doyle’s Guide 2021
1.25pm to 1.30pm Closing Comments from the Chair
Presenters
Andrew McFarlane
Andrew is a Partner in BDO in Sydney's Corporate Finance team, and brings over 18 years of experience to the group. He is known for establishing strong relationships and trust across organisations as well as building value in rapidly changing industries. Over his career, Andrew has had extensive experience in all aspects of corporate finance and now focuses specifically on acquisitions, divestments, mergers and demergers as well as strategy development. Before returning to BDO, Andrew spent seven years at Fairfax Media most recently as Senior Leader in Strategy and Corporate Development
Rebecca Maslen-Stannage
Rebecca has advised leading Australian and international clients on transactions across a range of industries. Rebecca has been either winner or a finalist in the Australian "Dealmaker of the Year" awards every year since 2011, and is rated by all major directories as a leading M&A and Equity Capital Markets lawyer. Chambers Global describes Rebecca as "brilliant" and "acclaimed for her deft handling of ECM and M&A matters". Rebecca is Senior Partner and Chair of the Global LLP Council.
Carl Hinze
Dr Carl Hinze is a Partner in Holding Redlich’s Corporate & Commercial Group and is the national head of Holding Redlich’s China Practice. Before joining the firm, Carl worked for over 10 years in mainland China and Hong Kong in the fields of investment banking and law. Carl’s practice focuses on complex cross-border corporate transactions and commercial matters. Carl is a trusted advisor in managing contract risk, executing mergers and acquisitions, and implementing joint ventures and complex alliance arrangements. Carl is a co-editor of Oxford University Press’ Financial Services Regulation in Asia Pacific.
Gerry Cawson
Gerry Cawson is the consummate Corporate Lawyer and Director at Kain Lawyers. Gerry is regularly named ‘Best Lawyer’ in the fields of mergers and acquisitions, private equity and commercial law. Recognised in 2017 as Best Lawyers’ Adelaide Private Equity Lawyer of the Year, with similar accolades in 2016 and 2014 voted by his peers as Adelaide Mergers and Acquisitions Lawyer of the Year. To go along with his 2015 and 2013 Adelaide Commercial Lawyer of the Year. More recently, Gerry was recognised as Preeminent Corporate Lawyer, Doyle’s Guide 2020.
Ellen Thomas
Ellen Thomas is a Tax Partner at PwC. Ellen was recognised as Leading tax Lawyer, Doyle’s Guide, 2020. Ellen focuses on the tax aspects of M&A and finance transactions. She advises on a range of domestic and international M&A transactions, corporate restructures, post-acquisition integrations, international tax planning, distressed debt transactions, infrastructure investments and financial arrangements.