M&A | In Principle

Before a transaction, an investor will often hire consultants to conduct environmental due diligence. The environmental impact of business operations are also an element of legal due diligence. How are these two types of due diligence interrelated?

Properly constructed contractual provisions should adequately secure the interests of the parties in the event of environmental violations. They are relevant to nearly every deal.

Although it is possible for a limited-liability company to acquire its own parent company, the transaction carries legal risk.

A creditor who attaches shares in a limited-liability company through execution may apply to set aside a resolution by the shareholders’ meeting.

The statute of limitations on M&A claims

The number of deals completed in Europe in 2013 reached the level observed in 2007.

Comments on the consequences of failure to observe the required form when selling shares in a limited-liability company and the possibility of correcting this defect.

The effectiveness of provisions for payment of a contractual penalty for renunciation of an agreement is determined by the mutual intent of the parties as reflected in the content of the agreement.

Not every solution that works in a contract under foreign law is equally effective or justified when the contract is governed by Polish law.

During due diligence, it should be determined whether a producer of waste has released itself from proper management of the waste by outsourcing management of the waste to third parties.

Remarks on problems related to the ability to modify contract terms to reflect changing circumstances, and the duration of long-term contracts

Administrative fines and increased fees for exploitation of the environment are increasingly included in environmental regulations as sanctions.