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M&A due diligence after Brexit

Paul Raftery and Anna Kerrane highlight some of the areas of due diligence which prudent buyers should consider in light of the UK’s withdrawal from the EU

15 November 2016

The due diligence process is crucial for buyers in deciding whether or not to proceed in an acquisition of a business and, if so, on what terms. Following the outcome of the EU referendum, due diligence into areas of the target business which may be affected by Brexit may prove even more key in the decision-making process.

M&A activity will continue before any agreement is reached on the specifics of Brexit and the UK’s ongoing status in relation the single market. During this period of uncertainty, the informed acquisitive buyer should widen the extent of its due diligence to include a number of Brexit-specific due diligence areas.

Commercial contracts

Additional consideration will need to be given to commercial agreements with parties based within the EU. Contracts should be reviewed in respect of the spe...

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