M&A: Share deals vs Asset deals

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Last updated: November 20, 2024

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Share Deals
Objects	Transfer shares to buyer
Risks	Limited legal protection of purchaser
	Nullification limited
	Non-compete not always included
	Importance of representations, warranties, indemnification
Advantages	Easier implementation (legal perspective)
Advantages	Few formalities
Asset Deals
Objects	Obtain specific assets
Risks	Debt ratio
	Social debt
	Guarantee obligation
	Soil pollution

Advantages	Cherry picking
	Assets as collateral
	Better legal protection of purchaser
Disadvantages	Formalities
	Real estate
	IP rights
	Licenses
	Contracts
	Debts
	Claims

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