How early in the process should we engage an M&A adviser?
The earlier the better, within reason. Vendor due diligence preparation, disclosure planning, and information memorandum drafting all benefit from time. An owner-operator who engages advisers twelve months before a target completion date typically arrives at the transaction in a considerably stronger position than one who engages three months before. That said, we also accept mandates at later stages and can calibrate scope to the time available.
What is the difference between legal M&A advisory and a corporate finance adviser?
A corporate finance or investment bank adviser typically manages the process — valuation, buyer identification, negotiation of commercial terms, and deal management. A legal M&A adviser handles the documentation, due diligence, regulatory matters, and legal risk allocation. Both roles are necessary in most transactions. Bersatu Partners focuses on the legal side and works alongside, not instead of, financial advisers. In smaller transactions where a financial adviser is not engaged, we can assist with certain process elements within the scope of legal advisory.
Do you work on cross-border transactions?
Our primary focus is transactions involving Malaysian businesses or Malaysian parties. Cross-border elements — a Singapore holding company, a foreign strategic buyer, or an offshore debt facility — are common in regional transactions, and we coordinate with local counsel in relevant jurisdictions where those elements arise. We do not conduct a full foreign-law advisory role but can manage the coordination with overseas counsel.
How are your fees structured?
Fees are agreed at engagement and structured in stages tied to transaction milestones — execution of the engagement letter, completion of due diligence, exchange of signed transaction documents, and closing. The fee schedule is shared in writing at the outset. There are no hidden add-ons for routine correspondence, drafting iterations, or attendance at standard meetings. Where a transaction does not proceed, fees cover work performed to that point.
What does the SC or MyCC filing process involve?
The Securities Commission (SC) has jurisdiction over transactions involving listed companies, capital markets products, and certain fund structures. The Malaysia Competition Commission (MyCC) reviews transactions that may result in a substantial lessening of competition in relevant Malaysian markets. Both processes involve pre-filing assessment, documentation preparation, and formal submissions. We manage the preparation, coordinate with the relevant authority, and track timelines so that regulatory approvals do not become the rate-limiting step in an otherwise ready transaction.
How does a deal overview submission work?
You describe the transaction in whatever terms are comfortable — buy-side or sell-side, nature of the business, approximate transaction size, stage you are at, and timing you have in mind. That description is received under privilege and treated as a confidential communication. We review it and respond in writing, typically within two business days, with an initial view on scope, structure, and how we might assist. There is no obligation attached to that exchange.