Workshop - Stratégie & Opérations

jeudi 27.09.2018

The key steps in the negotiation of the sale or acquisition of a Luxembourg non-listed company


Selling or acquiring a company is not limited to the negotiation and signature of a share purchase agreement.

Before entering into a share purchase agreement, the seller and the purchaser will have to negotiate and enter into many other preliminary legal documents designed to lead them progressively to such ultimate step: blind profile, information memorandum, non-disclosure agreement, non-binding letter of intent or memorandum of understanding, process letter, binding-offer, term sheet… The seller and the purchaser will need also to go through a due diligence process, which workload and importance are too often underestimated. It is only after the completion of all or part of these preliminary steps that the seller and the purchaser will negotiate their share purchase agreement - which is a complex legal document whose main terms and conditions will be analysed - and proceed to signing and closing.

ExpertJean-Philippe Smeets, Head of M&A, MNKS.

Niveau : Beginner - Intermediate


  • Identify the two standard chronologies/time line for share deals;
  • Describe the due diligence process and explain its importance for the purchaser, but also the seller;
  • Identify and define the key legal documents to be negotiated in the framework of a share deal;
  • And - outline the content and essential provisions of these key legal documents for a seller and a purchaser.


Participants are hereby informed that they are likely to appear on photographs taken at the event. These are intended to be published in print and/or digital media published by Maison Moderne.


Jean-Philippe Smeets
Jean-Philippe Smeets