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Whatever the circumstances, we have extensive knowledge of the legal process involved in Management Buy-Out and Buy-In transactions and will provide specialist advice to you which is suitable to your particular circumstances. Our unique selling point is that we understand what clients want from their lawyers. We will manage your transaction proactively, with careful attention to detail while never losing sight of the bigger picture. While working with us you will have access to our strong network of other professionals such as accountants, independent financial advisers and bankers.
A share buyback is often (but not always) used during shareholder exits and is an effective way to extract cash from the company to realise the value of the shareholding or alternatively to return excess cash to a shareholder. Share buyback transactions can be highly tax-efficient but must comply with the strict provisions of Part 18 of the Companies Act 2006. Any breach of such provisions will result in the transaction being void which means it will be treated as it never happened i.e., the seller will be treated as if they continue to own the shares and the payment for the shares is liable to be returned to the company (which the company might find it difficult to recover). In addition, every officer of the company will commit a criminal offence. In other words, getting things wrong can have serious adverse legal and tax implications. Read extra information on https://www.birdilaw.com/.
Similarly, if you are an investor, it is important to undertake suitable levels of due diligence into your investment targets to ensure that your legal interests are protected, including your entry and exit strategies. A common misconception is that companies can market or promote their investment proposals to anybody. However, financial promotions (including investments) are regulated by the Financial Conduct Authority under the Financial Services and Markets Act 2000 (FSMA). FSMA controls the way that businesses may seek investment and requires businesses to obtain the appropriate certifications from investors before they receive business plans and investment proposals.
There are a lot of reasons to try to avoid litigating in the courts, including: The courts may give you credit (by a costs order against your opponent) for trying to settle the dispute if things do go all the way to a court hearing or trial. You may be penalised by the courts for unreasonably refusing to participate in out-of-court dispute resolution. If you lose your case, you will likely be ordered to pay your opponent’s costs as well as any damages or other award ordered against you. If you win your case, you might be awarded your costs to be paid by your opponent, but you will never make a full recovery of your costs.