¶¶Òõ¶ÌÊÓƵ

All Countries
Mergers & Acquisitions
Merger And Acquisition Agreement

Merger And Acquisition Agreement Template for South Africa

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Merger And Acquisition Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Merger And Acquisition Agreement

"I need a Merger and Acquisition Agreement for the purchase of 100% shares in a South African technology company, with a deal value of R500 million, including earn-out provisions and specific warranties for intellectual property assets, targeted for completion by March 2025."

Celebrated by
Collaborations with
Investors
Document background
The Merger and Acquisition Agreement is a fundamental transaction document used in South African corporate dealings when one company intends to acquire or merge with another entity. This document is essential for transactions falling under the Companies Act 71 of 2008 and must comply with South African competition law requirements. It's typically employed in both private and public company transactions, requiring careful consideration of local regulatory requirements, including Competition Commission approval for qualifying transactions and Exchange Control regulations for cross-border deals. The agreement comprehensively covers all aspects of the transaction from initial sale terms to post-completion obligations, incorporating necessary provisions for B-BBEE compliance and other unique South African legal requirements. It serves as the primary reference point for all parties throughout the transaction process and any subsequent dispute resolution.
Suggested Sections

1. Parties: Identification and details of the purchasing and selling entities

2. Background: Context of the transaction and brief description of the business being acquired

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Sale and Purchase: Core transaction terms including what is being sold/purchased

5. Purchase Price: Consideration amount, payment terms, adjustments, and payment mechanics

6. Conditions Precedent: Requirements that must be met before the transaction becomes effective

7. Pre-Completion Obligations: Parties' obligations between signing and completion, including conduct of business

8. Completion: Mechanics of closing, including timing, location, and deliverables

9. Warranties and Representations: Statements of fact and assurances given by parties about the business and transaction

10. Limitation of Liability: Caps, thresholds, and time limits for warranty claims and other liabilities

11. Confidentiality: Obligations regarding confidential information and publicity

12. Post-Completion Obligations: Ongoing obligations after completion, including transition services

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Employment Matters: Required when there are significant employee transfers or labor relations issues

2. Intellectual Property: Needed when IP assets are a material part of the transaction

3. Property: Required when real estate assets are involved in the transaction

4. Competition Law Compliance: Needed for larger transactions requiring competition authority approval

5. Tax Indemnities: Required for transactions with significant tax implications or risks

6. Environmental Matters: Needed for businesses with environmental impacts or risks

7. Data Protection: Required when personal data processing is a significant aspect

8. Non-Competition: Optional restraints on seller's future business activities

9. Earn-out Provisions: Required when part of purchase price is contingent on future performance

Suggested Schedules

1. Schedule 1 - Details of the Target Company: Corporate information, shareholding, and organizational structure

2. Schedule 2 - Properties: List and details of all owned and leased properties

3. Schedule 3 - Intellectual Property: Register of all IP rights owned or licensed

4. Schedule 4 - Material Contracts: List and summary of key business contracts

5. Schedule 5 - Employees: List of employees, their roles, and key employment terms

6. Schedule 6 - Warranties: Detailed warranties given by the seller

7. Schedule 7 - Completion Deliverables: List of documents and actions required at completion

8. Schedule 8 - Disclosed Matters: Specific disclosures against the warranties

9. Schedule 9 - Purchase Price Adjustment Mechanism: Detailed calculations and procedures for price adjustments

10. Appendix A - Form of Transfer Documents: Pro forma transfer instruments and corporate resolutions

11. Appendix B - Completion Accounts Principles: Accounting principles for completion accounts preparation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions







































































Clauses

















































Relevant Industries

Financial Services

Mining

Manufacturing

Technology

Retail

Healthcare

Energy

Telecommunications

Real Estate

Agriculture

Professional Services

Construction

Transportation

Media and Entertainment

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Strategy

Risk & Compliance

Due Diligence

Integration

Treasury

Tax

Corporate Secretariat

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Corporate Development Director

Mergers & Acquisitions Director

General Counsel

Legal Director

Finance Director

Investment Banker

Corporate Lawyer

Due Diligence Manager

Integration Manager

Strategy Director

Risk Manager

Compliance Officer

Company Secretary

Transaction Advisory Partner

Investment Director

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Agreement And Plan Of Merger

A South African law-governed agreement setting out the terms and conditions for merging two or more companies, complying with local corporate and competition laws.

find out more

Merger And Acquisition Agreement

A South African law-governed agreement documenting the terms and conditions of a merger or acquisition transaction between entities, ensuring regulatory compliance and protecting parties' interests.

find out more

Merger And Acquisition Term Sheet

A preliminary document outlining key terms and conditions for M&A transactions under South African law, serving as a basis for definitive agreements.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: /our-research
Oops! Something went wrong while submitting the form.

³Ò±ð²Ô¾±±ð’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ³Ò±ð²Ô¾±±ð’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our for more details and real-time security updates.

Read our Privacy Policy.