Cleveland, USA

M&A outlook for Q3 and Q4 2022 and 2023

By Rajesh U. Kothari, Cascade Partners

Will 2022 replicate the 2021 record-setting M&A year? No, but that’s not necessarily a bad thing. 2021’s deal volume wasn’t sustainable – deals moved at a record- setting pace fueled by low interest rates, strong corporate earnings, abundant cash, 2020 carry-over and other factors. 2022 deal volume may be lower by comparison but it’s still higher than in past years and we see it remaining so for the remainder of 2022 and into 2023. However, it’s important not to focus on transaction volumes as an indicator of the overall health of M&A but rather on deal rationale. Investors need to deploy capital and scale existing platforms, and corporations need to temper their desire to grow faster than organic growth permits. These drivers suggest a strong foundation for getting a deal done.

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Technology in M&A transactions

By Robert Thompson, Ward Hadaway LLP

Ask any senior M&A lawyer how transactional work has changed over their career and most will point to the impact of technology. For the older generation this all started with the demise of the fax in favour of email and electronic documentation. The legal environment has since been subject to a massive sales push with due diligence software and programs, precedent creation software and project management systems all in theory designed to make the working lives of M&A lawyers easier, improve efficiency and profitability as well as meeting ever increasing client expectations in terms of service delivery and integration.

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Unicorns and decacorns in India: the startup funding boom

By Raghu Marwah and Varun Verma, RNM Capital Advisors

India has emerged as the third largest global ecosystem for startups after the US and China, with about 60,000 startups across the country. These startups not only are developing innovative solutions and technologies, but are continuously generating largescale employment opportunities. India is also the third-largest “unicorn” hub with 90 unicorns companies, only behind the US which boasts 487 unicorns, and China with 301 unicorns, and ahead of the UK which has 39 unicorn companies. “Unicorn” is a term used in the venture capital world to describe a privately held startup company with a value of over USD 1 billion.

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Dealing with legacy in mergers & acquisitions

By Louis de Schorlemer, Corporate Diplomat

When queens and kings pass away, the faces of their heirs will rapidly show up on coins and stamps across the country. Such a transition is meticulously organised to allow the crowds to turn from mourning the deceased to celebrating the incumbent. In Mergers & Acquisitions, conveying a sense of continuity is much more challenging for the acquirer, who often lacks prior in-depth knowledge of the company culture and its propensity to embrace change. Early preparation of a step-bystep communication plan provides relief.

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Manchester, UK

Buyers in the UK beware – and sellers too!

By Ammarah Shamim and Paul Johnson, Ward Hadaway LLP

What’s happened? On 04 January 2022, the UK introduced a new set of rules known as the National Security and Investment Act 2021 (the “Act”). This gives the government the right to investigate and sometimes ban certain business transactions that involve sectors of the economy seen as ‘sensitive’ to national security.

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Sydney, Australia

Investing in Australia – don’t lose your losses

By Peter Cohilj and Tony Nunes, Kelly + Partners Chartered Accountants

When establishing business in Australia, a foreign parent company will often incorporate an Australian subsidiary to conduct its Australian business. As the Australian company expands, the strategic acquisition and merger of an Australian competitor may occur. Forming an Australian tax consolidated group with the target can provide various advantages including:

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The impact of Covid-19 on business valuations

By Stuart Noland, Nolands Capital

The Covid-19 pandemic has irrefutably had a major effect on the global business landscape, shining the spotlight on business valuations during a time when investors are scrambling to understand the impact on their businesses.

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s-Hertogenbosch, The Netherlands

Investment vehicles under the Dutch participation exemption

By Carijn van Helvoirt-Franssen and Roel Jansen, EJP Accountants & Adviseurs

If a Dutch company holds at least 5% of the paid-up capital on shares in another company (subsidiary), in general, the participation exemption applies. However, if the subsidiary is considered an investment vehicle, there might be some obstacles in the way. We will elaborate on that on a high level basis below.

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