Event

Event

 

CPD Live | ESG Aspects of Legal Due Diligence in M&A: A Deal Breaker?

8 Dec 2021 - Wed / 1 day / 3:00pm - 4:00pm / Zoom Webinar

In this webinar, we look to provide an insight into the basic process of M&A and legal due diligence exercises involving ESG aspects. We will attempt to zoom in the key areas and specific procedures including the suggestions of best practices that lawyers should take into account or adopt when conducting due diligence in an acquisition exercise in the era of “ESGaware” investing towards a sustainable and greener socio-development.

Organisers: Bar Council

CPD Points: 1
Event Code:
T5/08122021/BC/BC213412/1

Description

Legal due diligence is no longer a foreign or optional process in mergers and acquisition (“M&A”) exercises. Studies have shown a correlation between robust due diligence and successful M&A transactions.

In today’s business climate, the process of investing is becoming more complex. Carbon emissions, human rights breaches and corrupt governments provide certain levels of risks that may impede or hinder the achievement of the investment objectives, while enhanced regulatory restrictions as well as the rising awareness and strengthening of the moral compass within corporate organisations and their stakeholders’ force investors to be more diligent in their potential and current investments.

In the global effort of sustainability transition, we have seen tremendous increase in the pressure for more transparency on environmental, social, and governance (“ESG”) aspects before M&A deals are signed and completed. The rise in ESG investing — a term representing sustainable investing — demonstrates the instrumental role of the “green agenda” in the decision-making process of M&A exercises. In other cases, deals may be reversed due to a misrepresentation on the part of vendors in regard to their compliance with ESG requirements of the purchasers in the day-to-day running of the respective target businesses or entities. As a result, apart from the general fundamental areas such as corporate information, business activities, property, litigation, personnel and compliance with laws and regulations, more investors are stressing that ESG aspects of the target businesses or entities be assessed in the legal due diligence process in order to avoid prospective pitfalls and improve long-term viability and valuation.

In this webinar, we look to provide an insight into the basic process of M&A and legal due diligence exercises involving ESG aspects. We will attempt to zoom in the key areas and specific procedures including the suggestions of best practices that lawyers should take into account or adopt when conducting due diligence in an acquisition exercise in the era of “ESGaware” investing towards a sustainable and greener socio-development.

Speaker

Mohd Farizal Farhan is a partner and corporate lawyer at Rosli Dahlan Saravana Partnership with more than 13 years of experience in advising clients (including Fortune 500 companies) in negotiating a wide range of transactions including acquisition and restructuring exercises, joint ventures, corporate and commercial deals, major construction projects as well as energy, oil and gas related matters.

He previously served as an in-house legal counsel for Avocet Mining PLC, Hess Corporation, Petroliam Nasional Berhad (Petronas), and Petronas Chemicals Group Berhad.

Terms and Conditions

Event Policy

Places are limited and registration is on a first-come, first-served basis.

For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.

For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.

Cancellation 

Cancellations must be made in writing.

If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.

Refunds 

Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:

  • Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
  • No refunds for this course. However substitution is allowed.

The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.

Transferral

You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.

Attendance 

CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.

Privacy 

The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.

Disclaimer

  • Materials will be emailed only. No printed notes will be provided.
  • No recording of the event is permitted via any means at any time.
  • No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).

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