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Management buy-ins and buy-outs

A management buy-in is the takeover of a company, or part of a company, by a manager who is not currently employed by the company in question. In the case of a management buy-out, the buyer is a manager who is already employed by the company.

Broadly speaking, more or less the same legal issues arise when part of a company is sold to a senior manager as in other types of sale. There are also certain specific aspects that need to be considered, such as the transition from the old to the new owner. Where the previous owner retains some degree of involvement in the company, careful consideration must be given to the balance of power.

If the former owner retains an interest in the company after a buy-in or buy-out, in the form of share capital or some other financial interest, a special arrangement needs to be made to safeguard his or her financial interests and at the same time to ensure that the new management has sufficient room for manoeuvre.

Whether you’re the buyer or the seller, we can help you strike the right balance. This we do by coming up with ingenious legal solutions and by making use of our experience in assisting with takeover processes.

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