Cross-Border Deal Structuring Guide

Cross-Border Deal Structuring in Asia

Introduction

Cross-border M&A transactions in Asia present unique structuring challenges due to the diversity of legal systems, regulatory frameworks, and tax regimes across the region. This guide provides practical frameworks for M&A advisors navigating these complexities.

Key Topics Covered

Legal Framework Considerations

• Common law vs. civil law jurisdictions
• Foreign ownership restrictions by market
• Competition and antitrust filing requirements
• Industry-specific regulatory approvals

Tax Structuring

• Withholding tax implications across key markets
• Double tax treaty networks
• Transfer pricing considerations
• Holding company jurisdiction selection

Deal Mechanics

• Pricing and payment structures for cross-border transactions
• Currency risk management approaches
• Escrow and earn-out mechanisms
• Representations and warranty insurance

Post-Completion

• Integration planning across jurisdictions
• Employee and labor law considerations
• Ongoing compliance requirements

Case Studies

The guide includes five detailed case studies illustrating successful cross-border deal structures across different market combinations and sectors.

Who Should Read This

This whitepaper is designed for M&A practitioners, corporate development professionals, and legal advisors involved in cross-border transactions in the Asia-Pacific region.