Put Option Issues in Cross-border M&A Transactions

January 31, 2005 | BY

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By David Liu and Natasha [email protected]; [email protected] buyers in M&A deals should regard put options as additional protection…

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By David Liu and Natasha Xie

Foreign buyers in M&A deals should regard put options as additional protection of their investments in overseas markets. They can withdraw their investments by exercising the options that demand repurchase or buyout of the shares they acquired under specific circumstances that were agreed on in the M&A transaction agreements. Put option issues in China, however, might be more complicated than in mature markets because company law in China is still developing.

Obligors in Put Options

The obligor in a put option can be either the seller of existing shares to the foreign buyer or