Divesting Assets and Businesses in M&A

A divestiture transaction involves the sale by a parent company of one or more subsidiaries or sets of assets rather than a sale of the entire enterprise. A number of factors could make a divestiture transaction advantageous for a company to pursue, including strategic considerations, financial considerations, regulatory requirements, and shareholder activism, among other factors. M&A counsel should be familiar with such factors and have a clear understanding of related structural considerations when working with a client pursuing a potential divestiture transaction.

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Related Content

• Securities Law Considerations in Divestiture Transactions
  Refresh your understanding of state and federal securities law requirements that may be triggered by your divestiture transaction, such as registration of stock under the Securities Act of 1933 and required disclosures under the Securities Exchange Act of 1934.

• Antitrust and Other Regulatory Considerations in Divestiture Transactions
  Review the most common regulatory considerations that may apply to your divestiture transaction, including antitrust regulations, foreign ownership restrictions applicable to U.S. assets, and various industry-specific regulations.

• Divestitures of Divisions and Subsidiaries Resource Kit
  Utilize this resource kit for an overview of various documents, governance matters, and other considerations relevant to a divestiture transaction, as well as where to find practice notes, forms, templates, and checklists relating to divestitures in Practical Guidance.

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