What are the differences between a merger and an acquisition?
Mergers and acquisitions, or M&A, are two different types of corporate strategies used to grow and expand businesses. Mergers and acquisitions involve the consolidation of two companies, either by one company taking over another or by two companies joining together to form a single larger company. The main difference between a merger and an acquisition is how the companies involved are combined. In a merger, two companies voluntarily join together to become a single larger company, while in an acquisition one company takes over the other by buying a controlling number of shares. In merger agreements, two companies’ assets and liabilities are combined to form a single larger company. This newly formed company usually has a new name and shares of both companies’ stocks are combined. In an acquisition, the target company’s assets and liabilities are absorbed by the acquiring company. The acquiring company typically pays its own shares in exchange for the target company’s shares, and the target company often loses its separate legal identity. Another key difference between mergers and acquisitions is how the cost is determined and who takes the risk. With a merger, both companies usually agree on the terms and split the costs and risks associated with the transaction. On the flip side, acquisitions often involve only one company taking on all the risk and agreeing on a purchase price. Mergers and acquisitions are both complex and can have a significant impact on a company’s growth. To ensure success and understand the differences between the two, it is important to understand the legal implications of each and to work with an experienced attorney in the state of Maryland.
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