THE ROLE, MISSIONS AND STAKES OF A M&A LAWYER
Mergers and acquisitions (M&A) have become major strategic levers for business growth. Whether to gain competitiveness, enter a new market or streamline a structure, these operations require strict legal precision. An M&A lawyer is involved at every stage to secure the transaction and ensure compliance with applicable laws and regulations.
WHAT IS THE ROLE OF A M&A LAWYER IN A TRANSACTION?
The M&A lawyer is involved from the preliminary stage to assess legal risks, define the structure of the deal and support negotiations.
Key responsibilities include:
- Assessing the legal structure of the entities involved;
- Drafting or reviewing key documents (letter of intent, term sheet, share purchase agreement, shareholders’ agreement, etc.);
- Assisting with legal due diligence;
- Structuring the transaction to optimize tax impact;
- Representing the client during negotiations and formalizing the transaction through legal documentation
STRATEGIC SUPPORT THROUGHOUT THE ENTIRE M&A PROCESS
The lawyer’s role goes far beyond drafting contracts. They provide strategic legal guidance at each stage of the transaction.
- Before the deal: They prepare legal and regulatory audits, and determine the most appropriate transaction structure (merger, acquisition of assets or shares).
- During the deal: They are actively involved in negotiating final agreements and ensuring compliance with all legal deadlines.
- After the deal: They oversee the transfer of assets or shares, ensure legal integration, and manage post-closing follow-up.
WHAT RISKS DOES THE M&A LAWYER HELP TO MITIGATE?
A poorly managed transaction may lead to:
- Significant tax risks (tax reassessments, double taxation, etc.)
- Disputes between shareholders due to unbalanced clauses in the shareholders’ agreement
- Non-compliance issues with employment law, corporate law or competition law
Hiring an M&A lawyer also helps safeguard the client’s financial and strategic interests.
WHEN SHOULD YOU CONSULT AN M&A LAWYER?
Ideally, an M&A lawyer should be consulted at the very beginning of the project, before signing a letter of intent. Early involvement allows the lawyer to:
- Anticipate potential legal or tax obstacles
- Determine the optimal transaction structure (merger, spin-off, partial asset contribution, etc.)
- Secure favorable terms in key contractual provisions
The M&A lawyer is a key player in the success of any transaction. Their role extends far beyond drafting: they protect, structure, advise and anticipate. To secure your external growth, their support is indispensable.
