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Article:

BDO contributes to Lexology’s Getting the Deal Done

04 December 2019

We are proud to have written for Lexology’s annual publication, Getting the Deal Through, discussing HR, incentives and retention issues in M&A transactions. Getting the Deal Through works to bring together a unique legal information resource, written by experts on each subject area, in every significant jurisdiction.

In our chapter, partner Matthew Emms considers some of the key HR, incentives and retention issues from an acquiring company’s perspective, pre- and post-completion of a transaction.

The aim is to provide some high-level comments on these issues and to highlight the importance of commencing the due diligence process as early as possible.

We cover the following issues:

  • why companies implement share plans;
  • advance planning and due diligence;
  • key HR issues to consider;
  • communication with share plan participants;
  • vesting and settlement of share plan awards (awards);
  • managing the tax liabilities when awards vest and/or are exercised;
  • key share plan issues that arise on transactions;
  • retention and transaction bonuses;
  • general comments on awards; and
  • comparing awards granted post-trade sale versus post-private equity sale.

Read Matthew’s full chapter