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Articles by Brendan Wykes
Accounts and information warranties in M&A
Australia: Accounts and information warranties in M&A 25 May 2021 Holding Redlich Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Sellers beware – most warranty disputes in mergers and acquisitions include claims for breach of accounts or information warranties.
Heads of Agreement in M & A
To print this article, all you need is to be registered or login on Mondaq.com. Parties using Heads of Agreements, term sheets or similar documents in mergers and acquisitions need to take care to ensure that the document adequately reflects their intentions. Failure to do so could lead to unexpected risks and outcomes.
The six elements of good judgement: How to improve your decision making
Judgement — the ability to combine personal qualities with relevant knowledge and experience to form opinions and make decisions — is “the core of exemplary leadership”. However, success is not always a reliable proxy of good judgement, so how do you evaluate when you’ve made the right decisions? This SmartCompany Plus piece explains why examining learning, trust, experience, detachment, options and delivery gives you a much stronger base to improve your decision making.
How Linktree attracted 12 million users in just five years
Linktree co-founder Alex Zaccaria. Source: supplied. 5 minute Read Linktree’s early growth story is a spectacular one, growing from one user to 12 million within five years. SmartCompany Plus interviewed co-founder Alex Zaccaria, along with head of growth Jess Box, to discuss how the company capitalised on the product’s innate virality, and how the business needed to change as it scaled.
Hold your ground: Why valuing your price point is more successful than discounting
Hold your ground, negotiate beyond price. Source: Unsplash/stillnes_in_motion 4 minute Read We’ve all heard the dreaded sentence “Is that the best price you can do?” and had to navigate our way through an awkward conversation about budget. This SmartCompany Plus piece examines how to negotiate without discounting your price, so that a short-term fix doesn’t lead to long-term damage to your value.
Resource Guide to selling your business
Many people dream of selling their business. There is often much to be gained — both financial and otherwise — but there are many obstacles and pitfalls. Being calm, fair, reasonable and organised can be the difference between success and failure. First, you must make your business saleable. It must be profitable, growing rapidly, own or have access to superior technology, or have another valuable point of difference.
Resource Guide to selling your business
This piece covers everything you need to know when selling your business, from due diligence expectations to the disruption involved, and how to manage contracts, staff, data, and potential buyers. Written by a lawyer specialising in selling and acquiring businesses, who has also sold their own family business, it explains: How to structure exclusive periods for interested buyers; Where it’s worth seeking outside advice; and Where sales often trip up, and how to plan for that.
Checklist: 20 things to do before selling your business
Get your ducks in a row. Source: Unsplash/Joshua Coleman 2 minute Read For many entrepreneurs, selling the business you’ve spent time and tears on is the end goal, the final payday. To put yourself in the best possible position, SmartCompany Plus subscribers can use this checklist and methodically work through any potential issues that could affect the sale. More for you from PLUS Sign in To connect a sign in method the email must match the one on your SmartCompany Plus account.
Can restraints in shareholder, share sale and business agreements be enforced?
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Can restraints in shareholder, share sale and business agreements be enforced? In short, yes
Source: That Startup Show. During these turbulent times, a lot of businesses are changing directions. Accordingly, ‘pivoting’ is an expression and behaviour that has been used much more this year. In fact, we probably all know a business owner who has initiated or suffered significant change in 2020.
How to find solutions to stakeholder disputes in a climate of uncertainty
Holding Redlich partner Brendan Wykes. Source: supplied. We are seeing, as you would expect in the current times, more disputes between shareholders, directors, partners and other stakeholders. Unfortunately, sometimes these relate to companies, businesses, partnerships or trusts without clear rules for dispute resolution or exits, and the ability to achieve an outcome is uncertain.
Reminder: Impact of new accounting standards on M&A, employee incentives and debt arrangements | Lexology
It’s the time of year when we start to reflect on the past 12 months and plan for the next. Like many, we are seeing more and more earn-outs in connection with business acquisitions as well as the continued widespread use of profit-based employee incentives. As always, it is prudent to ensure that the key metrics of earn-outs are very clearly described. Any confusion or room for manipulation could give rise to disputes between sellers and buyers. There are often high multiples of dollars at stake.
Set your sights on a sale: How employee equity arrangements can benefit your business in the long-term
You have worked hard and have a great business. You have found or are looking for more good staff and want to motivate them to help you grow and eventually sell the business. Following my recent article about selling a privately owned business, it’s time to shine the spotlight on the benefits of employee equity arrangements before the sale of a business. In my experience, nothing is more effective in engaging people in a business than an ownership stake.
You’ve found a buyer for your business: Here's what you need to think about after the sale
Congratulations, you’ve found a buyer for your business and deserve a glass of champagne. But in addition to the excitement and preparations for the sale, you will need to consider what is required after completion. Following my recent article about selling a privately owned business, it’s now time to take a look at specific restrictions that may apply to you, your fellow shareholders and other owners, as well as your employees, after the sale of your business.
An insider’s guide to selling a privately owned business: 20 tips from a law firm partner who recently did just that
Up until six months ago, when I joined national law firm Holding Redlich, I was working with my wife growing — and then selling — our family business: a fresh-food home-delivery service that my wife started in 2012. Now I’m back as a corporate and commercial law firm partner, specialising in the sale and acquisition of businesses. Selling your business is challenging.
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