Cross-Border M&A: A Checklist of US Issues for Non-US Acquirers

Abstract

As much as cross-border M&A activity offers great transactional opportunity, it also entails an array of jurisdictionally, culturally, and commercially specific concerns and nuances that must be navigated. This article offers a practical guide to non-US acquirers seeking to conduct cross-border M&A in the US, covering topics ranging from acquisition structure to regulatory compliance to representations and warranty insurance. While each M&A transaction will present bespoke issues, some particularly foreign to non-US acquirers, a foundational familiarity with the most common issues that underlie and accompany US M&A deals will help secure a successful outcome for non-US acquirers. cross-border M&A in the US, non-US acquirers, acquisition structure, acquisition vehicle, Committee on Foreign Investment in the United States (CFIUS)