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Merger & Acquisitions (M&A)

Streamlined Solutions for Merger & Acquisitions (M&A) Success

We assist clients in the business transaction roadmap, share, and asset acquisition transactions, reorganizations, mergers & acquisitions. Providing a comprehensive identification of legal issues, ensuring regulatory compliance, and document preparation before entering into deals and transactions.

Types of Merger & Acquisitions transactions under Indonesian Law which we can assist you:

  • Integration Merger
    Two or more companies merge, all assets and liabilities are legally transferred to one of the companies, and the remaining company is legally liquidated.
  • Consolidation Merger
    Two or more companies merge to form a new company, and the existing companies are legally liquidated after the merger, all assets and liabilities are transferred to a new company.
  • Shares or Assets Acquisitions
    A company or individual acquires shares of another company resulting in a change of control in that company.

How do we assist you with Merger & Acquisitions (M&A):

  • We conduct legal due diligence to identify potential legal risks and liabilities
  • We provide legal advice on legal compliance, which may encompass security laws, antitrust regulations, investment laws, and related regulations
  • We structure the M&A deal to optimize benefits for your company, taking into consideration your business objectives, legal consequences, and other legal consideration
  • We evaluate legal risks and propose mitigation strategies, which may involve legal procedures, representations, warranties, and other protective measures.

Why do you need our legal assistance on your Merger & Acquisitions (M&A) transaction?

  • We make sure that the legal aspects of the M&A transaction are adequately addressed and that your business interests are safeguarded
  • We minimize the potential legal risks of minor errors and negligence that could potentially jeopardize the transaction
  • We provide tactical advice during negotiation
  • We provide valuable legal guidance on how best to structure the transaction, conduct thorough due diligence, and identify both risks and opportunities

Frequently Asked Questions

Key regulations include the Company Law (Law No. 40 of 2007), the Capital Market Law (Law No. 8 of 1995), and regulations from OJK and KPPU. These laws cover everything from corporate restructuring to competition issues and disclosure requirements.

Yes, M&A transactions often require approvals from OJK for listed companies and may also need to be reviewed by KPPU to ensure they do not violate antitrust laws. Sector-specific approvals might also be necessary depending on the industry.

 

KPPU reviews M&A transactions to prevent anti-competitive practices and monopolistic behavior. Transactions that meet certain thresholds or could impact market competition may need to be reported and reviewed by KPPU.

 

 

M&A transactions can trigger various tax obligations, including corporate income tax, value-added tax (VAT), and transfer taxes.

 

Yes, foreign investors can participate, but they must adhere to regulations governing foreign ownership and investment. This includes compliance with the Foreign Investment Law and sector-specific rules.

 

Legal counsel provides critical support throughout the M&A process, including due diligence, contract negotiation, regulatory compliance, and managing potential legal risks.

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