The cooperation between the automotive industry and IT companies has been increasing lately. JDP advised a German automotive company on the sale of shares in a Polish software company.
Our advice included drafting and negotiating a share purchase agreement, establishing payment securities, and negotiating terms of a maintenance agreement.
For several years, our client has been the key investor of the company that developed for it a dedicated tool for its day-to-day operations. In addition to the planned share sale, the parties also intended to continue their cooperation consisting in providing maintenance services for the deployed software in the future. This was the primary focus when negotiating and drafting the share purchase agreement.
The transaction was divided into two stages: the first one included the negotiation of terms of withdrawing from the company, and the other included drafting and signing an agreement for maintenance services for our client. It was crucial to properly govern copyright aspects. We managed to negotiate wording satisfactory to our client, ensuring free use of the software in the future.
The client was advised by attorney-at-law Barbara Kaczała with support of attorney-at-law Dr Marcin Chomiuk; attorney-at-law Krzysztof Bąk was responsible for IP aspects, and tax advisor Magdalena Zasiewska for tax issues.