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SVS Growth Guru has a huge network across the Globe having the connections with the investors, entrepreneurs and organisations. The legal team of SVSGG works diligently in Mergers & Acquisitions.
Merger
A merger is generally defined as a combination of two or more business entities in which the assets, businesses, and liabilities of all the entities are transferred to one entity. The one entity continues in existence, while all the others cease to exist.
Because it is a statutory transaction, the requirements of the business entity laws of the buyer and seller’s state or states of formation must be followed for the merger to become legally effective.
In general, a merger requires the merger plan be drafted describing the terms and conditions. The plan must be adopted by the boards of directors or managers and approved by the owners of the entity that will not survive. In some cases, it may have to be approved by the survivor’s owners as well. The legal procedure takes place in due course.
Acquisition
An acquisition is an act of becoming the owner of certain property; acquiring or procuring the property in anything. Taking with or without consent, especially a material possession obtained by any means”. In terms of business entity law, an acquisition is when one company obtains all or a controlling interest in another company by one of several statutory or non-statutory means.
There are several ways an acquisition can be categorized. One way is based on the relationship between the acquiring company and the company it acquired — such as whether they are in the same industries, in the same supply chain, or have the same customers. Another way is based on the method by which the acquiring company becomes the owner of its target. Due diligence report is prepared and further procedure follows.