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Bringing two companies together successfully can take a lot
of work. The process is long and tedious
with plenty of room for errors. To get
it right the first time and avoid mistakes that could cost the company, there
are key steps in the process that should be followed.
Separate Legal Teams
A rookie mistake when purchasing a business outright or
merging two companies is to share the legal fee and choose one representative. This is a grievous mistake as one
representative will have an interest that tends to favor one company over the
other. Choosing separate council can
help to insure both companies get what they need from the merger and that they
are protected through the process.
Perform Due Diligence
Both companies and their representatives need to do their
homework. Research into the other
company, their sales, their models and policies and even their employees can be
a critical part of the process when two companies are forming one. This step should come with seeking legal
counsel or even before. Choosing to do
so before may help you decide you don’t need legal advice as the merger isn't
happening.
Research Merger Models
There are charity merger models and others available that will give you an idea of what to expect. Taking some time to read through these can
help you prepare for what your company is after. This step in the process can be done anytime
but should be reviewed before final paperwork is gone over because it will get
you in the right mind frame as well as alert you to any questions you need
answered before signing.
Final Paperwork
When everything has been gone over and the merger is still
in the mix you’ll move forward toward signing final paperwork. This is again where it’s important to have
your own legal advisor. Make sure to
carefully go over the paperwork with your advisor so you know what your company
is signing on for.