Jurisdiction(s):
United Kingdom

Cross-border Private M&A: Practical Checklist Covering Compliance and Sanctions, Local Counsel, Enhanced Due Diligence, Structuring, Governing Law and Dispute Resolution Choices, Disclosure, Signing Formalities, and Completion Logistics

Published by a LexisNexis Corporate expert

Checklists

Cross-border private M&A transactions-checklist

When a private M&A deal spans several jurisdictions, you will typically need to factor in extra considerations for how the transaction is planned, structured and carried out. This checklist provides pragmatic guidance on the principal cross-border points for legal teams to weigh up when advising on an international private M&A deal, helping to secure a successful result.

Issue Guidance

Compliance issues

If the deal touches parties or assets in a territory classified as ‘high risk’ under relevant anti-money laundering rules or guidance, you must apply enhanced client due diligence and maintain ongoing oversight for possible money laundering or terrorist financing. These monitoring duties are especially heightened throughout due diligence.

Sanctions

Advisers on cross-border matters should also remain alert to states subject to international sanctions (under UK, EU, UN or US regimes). Interacting with sanctioned persons can give rise to reporting duties and/or criminal exposure. New clients and other pertinent parties should be screened against the applicable sanctions lists.

Instructing local counsel

If the deal concerns a target or assets in a jurisdiction beyond the lead transaction lawyers’ network, engaging suitably placed and knowledgeable local counsel within that market may, in certain circumstances, well indeed ultimately be...

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Michael Scargill

Counsel, Proskauer Rose

Michael Scargill is Counsel (Knowledge and Innovation) for the Private Equity and Mergers & Acquisition Group in London. Michael is responsible for developing and implementing the knowledge and innovation strategy for the PEMA Group in London. This includes focusing on both the Group’s corporate legal and practice know-how needs and the deployment and adoption of legal tech solutions within the Group. Michael has extensive experience as a corporate lawyer, having previously been a transactional partner in a Magic Circle Firm and knowledge counsel at another US law firm. His transactional experience includes advising on both public and private M&A deals, joint ventures, corporate governance matters, privatizations, strategic investments, corporate restructurings and commercial outsourcing transactions.Previously, he was a Counsel and Head of UK Knowledge Management in the London M&A Group of Shearman & Sterling and was a corporate partner of Allen & Overy for over 16...

Web page updated on 01/06/2026

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