Calgary Corporate M&A Lawyer

Christopher R. Neufeld

Neufeld Legal Professional Corporation

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Whereas business can grow at a gradual pace through its internal organic development, this may not necessarily be the most advantageous approach for the corporate enterprise's commercial and financial advancement. For a variety of reasons, it may be more appropriate to grow one's business through the merger or acquisition of a complementary or competitive business, or it may prove opportune to engage in a joint venture or strategic partnership, all in an effort to rapidly accelerate the progress of the business.

When the financial stakes are as high as they tend to be in this high paced and exceedingly competitive business environment, advancing a company's corporate/financial interests may be best facilitated by acquiring such a complementary or competitive business (M&A - mergers and acquisitions) or alternatively selling a business or a portion thereof (i.e., the divestiture of non-core elements, which are often a substantive burden and/or distraction to the company's primary function and profitability). However, given the implications of such a corporate undertaking, and the history of unsuccessful mergers, acquisitions and diverstitures, it is imperative that sufficient time and appropriate professionals are drawn into the process from the outset, such that the positives can be optimized, while the negatives can be minimized (or altogether avoided).

At Neufeld Legal P.C., we work with corporate leaders as they look to purchase businesses (mergers & acquisitions) or sell businesses (divestitures) in an effort to maximize profitability. This is a pivotal time in any business leader's career, where results are an absolute must. As such, the company needs the right professional advisors from the outset of any such transaction, because the experience and knowledge that is brought to the negotiating table is truly invaluable. The legal and business input that we are capable of providing can be the basis for realizing upon opportunities for advancement and improved results, that is the ultimate objective of any business merger, acquisition or divestiture.

For commitment and experience in mergers, acquisitions and divestitures law, contact corporate M&A lawyer Christopher Neufeld at or 403-400-4092.

Corporate law in Calgary and Alberta is driven in part by statute and the interpretation / application thereof. A key statute is the Business Corporations Act (Alberta), with the following being a segment thereof that is of significance:

"Duty of care of directors and officers
122(1) Every director and officer of a corporation in exercising the director’s or officer’s powers and discharging the director’s or officer’s duties shall
(a) act honestly and in good faith with a view to the best interests of the corporation, and
(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
(2) Every director and officer of a corporation shall comply with this Act, the regulations, articles, bylaws and any unanimous shareholder agreement.
(3) Subject to section 146(7), no provision in a contract, the articles, the bylaws or a resolution relieves a director or officer from the duty to act in accordance with this Act or the regulations or relieves the director or officer from liability for a breach of that duty.
(4) In determining whether a particular transaction or course of action is in the best interests of the corporation, a director, if the director is elected or appointed by the holders of a class or series of shares or by employees or creditors or a class of employees or creditors, may give special, but not exclusive, consideration to the interests of those who elected or appointed the director.
1981 cB‑15 s117"

It should nevertheless be noted that this represents merely an extract from the statute, with the full text being available at the following link. Also, it is advisable in almost all circumstances to engage knowledgeable legal counsel to deal with matters of a legal nature and how the provincial statute impacts your business.

The law offices of Neufeld Legal Professional Corporation (headquartered at 1600, 144 4th Avenue, Calgary, Alberta) are directed at provided businesses in Calgary, and throughout Alberta, with experienced and competent legal services that are intended to assist in the advancement of business-related legal projects, from contracts and buying/selling a business to joint ventures / strategic partnership and commercial financing. Much of my professional and personal drive emanates from a desire to truly understand the inner workings of business and how it is possible to make businesses succeed and thrive financial, which I have sought to bring to my legal practice and work with business leaders who are striving to make the most of their opportunities, while overcoming substantial challenges as they arise. Calgary M&A. Legal Disclaimer. Privacy Policy. Copyright 2013.