Guillaume Bensussan - Educated at the University of Paris-Ouest La Défense (France), the George Washington Law School (USA) and the University of Paris II Panthéon-Assas (France). Guillaume specialises in Commercial Law with a focus on Intellectual Property, Trade Secrets and IT and has experience as an in-firm attorney in top-tier boutiques and law firms in France. He is an Attorney at Law with the Paris Bar [2015] and with the New York bar [2013] and has recently started his own firm in France which works fully digitally.
Guillaume joined CBA as Legal Advisor in France in March 2022.
The bids, mergers, acquisitions, and disposals that were reported by end of February 2022.
It’s a slow start to the year for the Asia region, with start-ups raising $10.43 billion, a 34.2% decline compared to $15.86 billion raised in December 2021. Deal value slumped across the region with the largest drop in China of 53.1%, followed by more marginal drops of 8.8% and 15.5% across India and Southeast Asia.
Kuwait's National Aviation Services (NAS) said it had increased its stake in John Menzies (MNZS.L) for 32.1 million pounds ($43.61 million), taking its total ownership to about 19%, weeks ahead of a deadline to make another takeover offer for the British airport services group.
Australian financial conglomerate Macquarie (MQG.AX) is looking to buy a controlling stake in the gas transmission business of Britain's National Grid (NG.L), which could value the division at more than $10 billion, Bloomberg News reported.
Brazilian power company Neoenergia SA (NEOE3.SA) has put up for sale its 10% stake in Norte Energia, which runs the hydroelectric power plant of Belo Monte in the Amazon region, it said.
French media company Vivendi (VIV.PA), in which billionaire Vincent Bollore has the biggest individual stake, is considering raising its cash offer for Paris Match magazine owner Lagardere (LAGA.PA), as Vivendi progresses towards a Lagardere takeover.
U.S. sports merchandise retailer Fanatics said it had acquired 118-year-old Mitchell & Ness, known for its jersey replicas and streetwear, along with American rapper Jay-Z and other celebrities.
DuPont (DD.N) said it would sell most of its mobility and materials business for $11 billion to Celanese Corp, as the industrial materials maker continues to tweak its portfolio to focus on high-margin operations.
Brazilian energy company Energisa Transmissao de Energia SA (ENGI11.SA) said it has agreed to acquire power transmission company Gemini Energy SA in a deal worth around 822 million Reais ($158.94 million).
Brazilian payment processor Cielo SA (CIEL3.SA) said it has agreed to sell its stake in U.S. firm Merchant e-Solutions Inc. to a unit of Integrum Holdings LP for up to $290 million, sending its shares sharply higher to six months highs.
Private equity firm Advent International Corp has acquired a 25% stake in Brazilian construction materials manufacturer Tigre Group for 1.35 billion reais ($262 million), both companies said, eyeing an expected infrastructure boom in the U.S. and Brazil.
Porsche Middle East’s order book bulges to highest in a decade. Luxury car maker forecasts strong 2022 on back of nearly 7,000 deliveries last year.
Warren Buffett said Berkshire Hathaway Inc's (BRKa.N) recent investment in Activision Blizzard Inc (ATVI.O) has been "no bonanza" for Berkshire and was made without knowing the video-game maker would receive a takeover offer from Microsoft Corp (MSFT.O).
U.S. cybersecurity firm NortonLifeLock Inc delayed the expected completion date for its buyout of London-listed rival Avast Plc (AVST.L) to April 4, saying it was awaiting regulatory nods in the United Kingdom and Spain.
Brazilian meatpacker JBS SA (JBSS3.SA) said it withdrew a proposal to acquire the remaining shares of its U.S.-based subsidiary Pilgrim's Pride (PPC.O).
UAE now the world’s biggest rough diamond hub, trading over $22.8bn in 2021
The UAE has increased its rough diamonds trade by 76 percent since 2015, overtaking Belgium as the world’s leading rough trade hub.
Expo 2020 Dubai visits nearing 15 million. The global event is nearing the 15 million visit mark with less than 40 days left.
Kuwait Airways adds small, long-range jets in Airbus order swap. Kuwait Airways chairman Ali Al-Dukhan says he had made it his top priority to restructure the deal.
Nestle’s CEO Says company still favours small and mid-sized deals. Nestle SA chief executive officer Mark Schneider said the world’s largest food and beverage company is more interested in small and mid-sized deals, though he wouldn’t rule out a larger acquisition.
CVC buys Lipton Tea owner from Unilever for $5B. Unilever Plc has agreed to sell some of the world’s best-known tea brands, from Lipton to PG Tips, to buyout firm CVC Capital Partners in one of the year’s biggest carveouts by a European company. Demand for tea has suffered in recent years amid a shift to flavourful herbal alternatives and artisan coffee.
Shareholder agreements enable owners to plan their company’s future - whatever unexpected events might befall it. These agreements assign ownership, set a value for company shares, dictate buyout terms, and outline how the company is to be managed. This detailed plan helps to eliminate surprises and minimize disagreements down the line.
Keeping It Inside
Often, businesses draft shareholder agreements to prevent owners from selling their stakes to outside parties or to restrict share ownership transfer upon an early abandonment of an owner’s obligations. An agreement typically requires that an owner who wants to sell to someone outside the company give remaining shareholders the right of first refusal, or an option to buy the shares at a certain price.
This first-refusal provision may stipulate that a seller offers shares to the remaining owners at the same price and terms - including financing - offered by the outside party. The other owners typically are given 30 to 60 days to make their decision and arrange to finance. If they can’t match the outside party’s offer, they may have to accept the new partner.
Shareholder agreements also set up a succession plan to go into effect when an owner retires, dies, withdraws, or has his or her ownership terminated for cause. When owners die, their shares pass through their estates to their beneficiaries.
If there are no buy-sell provisions, beneficiaries aren’t required to sell their shares to the company. If they elect to sell them back, they can dispute the shares’ value. Or the beneficiaries may choose to sell to an outsider - or to keep the shares and take an active role in the business.
Buy-sell provisions in the shareholder agreement protect remaining shareholders by requiring them or the company to buy back shares from the deceased owner’s beneficiaries at a predetermined price per share. Carefully worded buy-sell language also eliminates tax consequences when a company elects to redeem the shares of a deceased owner.
Other Valuable Functions
Shareholder agreements might also discuss:
• Owner compensation, work benefits, and retirement benefits,
• The percentage of shareholder votes required to approve major decisions such as electing directors,
transferring or issuing new shares, borrowing funds, or making large capital expenditures,
• Methods for resolving owner disagreements and disputes - including provisions for the departure of shareholders and procedures for enforced share sales,
• Shareholders’ responsibility is to lend the company money if it can’t find conventional financing to buy back shares.
Attorneys, CPAs, and business insurance agents can assist you in drafting your shareholder agreement. This expert advice will help ensure that every owner’s interests are represented fairly, and that the agreement will hold up in court if a dispute ever escalates to litigation.
Plan for Peace
Whether your company is still in the planning stages, has been in business for years, or is combining with another company, it’s a good time to consider writing a shareholder agreement. This document can help you deal with whatever comes your company’s way - and preserve the peace while doing it.
By Young Bebus, Managing Broker, VR Mergers & Acquisitions in Minneapolis, MN
VR M&A Advisors are Alliance Partners of CBA Cross Border Associates
Dr. Christoph Rohloff is C-level management consultant for complex Post Merger Integration and Change Management projects. Following his career as conflict analyst, Christoph entered business as Assistant to the BoM, Business Development and Managing Director UK in the machinery industry. He led international restructuring and M&A projects.
Since 2003, Christoph is consulting organisations hands-on on how to successfully realise complex change and transformation projects. His focus is on international Post Merger Integration projects.
Since 2009 Christoph is also teaching Post Merger Integration Management at the EBS Wiesbaden and the HHL Leipzig and has published widely on Post Merger Integration topics.
Education in brief: B.A. Comparative Culture Studies, Sophia University Tokyo; M.A. Political Science, History, Japanese Studies, Univ. Heidelberg; Executive M.B.A. Entrepreneurial Management at Steinbeis Univ. Berlin; Dr. phil. at Univ. Duisburg-Essen (“Conflict and systemic change”).
Other Training in brief : Business Mediator; Systemic Consultant, Change Management Consultant; Post Merger Integration Consultant, Design Thinking, Group Dynamics, and Risk management.
Countries or work expertise are Germany, Austria, Switzerland, Netherlands, France, Italy, Saudi Arabia, UK, and the U.S.A.
Telecom Italia (TLIT.MI) CEO Luigi Gubitosi has told its board that he is ready to step aside if that would help speed up a decision on a takeover approach by U.S. private equity group KKR, sources told Reuters on Thursday. KKR has made a 10.8 billion euro ($12 billion) offer in the midst of a boardroom row between Gubitosi and the former Italian telecoms monopoly's top investor Vivendi.
Iberia airline's CCO said on Thursday the Spain-based company was now more pessimistic about the acquisition of its rival Air Europa after the latest regulatory setback in the half-billion-euro takeover bid. "We want to keep pushing for this, but the situation has grown ever more complicated," Iberia CCO Maria Jesus Lopez said at an event on the future of aviation held in Madrid.
The new German government announces that it will only allow climate-neutral cars sooner than expected. A new study shows how drastically sales and registration bans will change the global car business. And what role China will play in this. In Europe, electric pioneer Norway wants to ban the registration of classically powered new cars as early as 2025, and in various EU countries such as the Netherlands, Ireland, and Denmark, such a ban is to apply from 2030.
The head of the French telecom company Orange, Stéphane Richard has resigned from his post after a conviction. The day before, he had refused to do so. He resigned from office after a conviction for misappropriation of public funds.
Source: Manager Magazin
Porsche boss Oliver Blume is negotiating with Red Bull. In parallel, Audi boss Markus Duesmann is seeking a deal with the McLaren racing team - or with Williams. They are supported from the highest level.
Source: WIWO
