DD of M&A transactions in Holland is usually done for verifying:
- ownership rights;
- agreements involving the use of 3rd parties’ IPR;
- IPR violations;
- pending IPR lawsuits;
- security interests established due to litigation;
- agreements related to company website;
- NDA agreements;
- privacy statements or policies;
- procedures for preventing unauthorized access to digital networks.
Performing DD of an M&A deal in Holland is also necessary to determine whether a business transfer entails an automatic transfer of employees.
Concluding an M&A deal in Holland requires paying particular attention to ownership rights to assets & shares. Please note that transferring assets of a Dutch technology company is done on the one-asset-at-a-time basis & requires compliance with applicable transfer criteria. Analyzing employment protection regulations applicable to a particular type of deal, as well purchases' identities, is no less important.
It’s becoming common practice for Dutch entrepreneurs to conclude technology M&A deals in Holland for the sole purpose of hiring key personnel. Once the necessary employees are transferred, an acquired company is liquidated.
Holland: DD of Software Products
Normally, performing DD of software products in Holland focuses on:
- SAP & licensing agreements;
- IT services-related agreements;
- escrow technologies;
- agreements concluded with distributors resellers & IT vendors;
- conditions for the sale or purchase of IT in Holland;
- agreements on the transfer of ownership rights related to hardware or software in Holland.
Please note that it’s common practice for owners of target companies in Holland to provide purchasers with information on whether a particular piece of software is licensed via 3rd parties or whether it’s open source.
Looking to buy a technology company in Holland? Need more information or advice on DD of technology companies in the Benelux or EU? Why not contact IQ Decision UK?