Publications

Why a Tailored Sale and Purchase Agreement is Key to Smooth Business Transfers in the EU

Peter Hubert, Partner, MDN Group

When business owners in the European Union decide to sell, they begin a journey that demands careful planning, open communication, and professional advisory. Whether the motivation is retirement, the pursuit of new ventures, or a strategic refocus, selling a business is one of the most significant decisions an entrepreneur can make. 

At the heart of this process is the Sale and Purchase Agreement (SPA), a legally binding contract that clarifies each party’s rights and obligations. By defining expectations early, an SPA can minimize risks, foster transparency, and provide assurance to both buyers and sellers.

Financing Your Business Acquisition in Europe: A Comprehensive Overview of Methods, Structures, and Key Considerations

Victoria Thomas, Associate, MDN Group

Acquiring another business can provide an effective route for expanding your operations, gaining market share, and strengthening your competitive position. While a lot of the conversation around acquisitions focuses on target selection, negotiations, and thorough due diligence, one factor stands at the heart of the entire process: securing the right type of financing.

Mergers and acquisitions (M&A) remain prominent across Europe. Even in the last few years, substantial sums have flowed through the market, signalling that, with the appropriate financial resources, your subsequent acquisition can become a reality.

Six Common Seller Errors in European M&A Deals and How to Avoid Them

Martin Bakker, Partner, MDN Group

In the European M&A market, sellers must deal with an array of regulations, cultural nuances, and shifting market conditions. Even well-prepared owners can encounter unexpected obstacles that slow negotiations, diminish deal value, or cause serious buyers to walk away. By recognizing and addressing these potential pitfalls, sellers can position themselves for a more seamless and successful transaction.

Below are six frequent missteps sellers make during the M&A process, along with practical strategies for preventing them.

Driving Business Growth with Incremental Acquisitions

Peter Hubert, Partner, MDN Group

In an increasingly volatile European market, businesses are moving away from traditional large-scale, high-stakes transactions and gravitating toward smaller, incremental acquisitions. This approach, often described as “buy and build,” offers a level of strategic flexibility that can be critical in uncertain times. 

Rather than committing massive resources to a single, transformative deal, companies are instead opting to accumulate value through a series of carefully selected, smaller-scale purchases. This measured strategy enables them to respond to evolving market conditions, mitigate risk, and secure a more sustainable growth trajectory.

Key Differences Between Heads of Terms and Sale & Purchase Agreements

Robert Nilsen, Associate, MDN Group

When preparing to buy or sell a business within the European Union, it is important to understand the various documents that guide the transaction. While negotiations and due diligence often take centre stage, it is equally necessary to know the differing legal instruments that structure the deal. Among the key documents are the preliminary Heads of Terms and the more formal Sale & Purchase Agreement (SPA).

Explore the respective roles of these documents, their defining characteristics, and how they help shape the progression from initial negotiations to a fully executed transaction.