Sale and Purchase Agreements in Malaysia
Sale and purchase agreements for businesses, shares, or assets require careful structuring to protect the interests of both buyer and seller.
Scope of Assistance
- Business sale and purchase agreements
- Asset acquisition agreement drafting and review
- Share purchase agreement preparation
- Due diligence support and review
- Warranties and indemnities structuring and negotiation
- Payment terms and escrow arrangements
- Conditions precedent to completion
- Post-completion obligations
Key Components
A properly drafted sale and purchase agreement should clearly define the subject matter of the transaction, the purchase price and payment mechanism, representations and warranties given by each party, conditions precedent, indemnification provisions, and obligations that survive completion.
Each element requires careful attention to ensure the agreement adequately reflects the transaction and protects the client's position.
Due Diligence and Risk Assessment
Thorough due diligence is an important part of any sale and purchase transaction. We assist buyers with legal due diligence to identify potential liabilities, title issues, regulatory matters, and contractual risks.
We also assist sellers in preparing for due diligence and structuring appropriate disclosure mechanisms.
Legal Framework
Commercial sale and purchase transactions in Malaysia are governed principally by the Contracts Act 1950, the Companies Act 2016 for share transactions, the National Land Code where land is involved, and other applicable sector-specific legislation.
Back
Commercial Contracts Home
Next
Service & Distribution
Next