In many situations of an M&A deal, the purchaser and the seller can have conflicting interests as regards whether to structure the transaction as a sale of shares of the targeted business or as a sale of the business itself. Generally, purchasers prefer asset deals whereas sellers prefer share deals. However, each M&A transaction is unique, and the choice of the structure is always agreed to on a case by case basis.
This online guide highlights the main differences between the two structures in various countries around the globe. Our legal experts provide an overview of the main features of share deal or asset deal structures, a summary of the processes to either transfer shares or assets, and the principal transfer taxes relating thereto. This online guide, which is organised in a Q&A format, is thus designed to help international companies or investors who are looking to sell or purchase businesses in foreign countries and who need a brief overview of the local specificities as regards share deals versus asset deals.