What are the different types of mergers and acquisitions?

Mergers and Acquisitions (M&A) are an important part of business law in California and can involve legal entities of all size. The most common types of M&A transactions are mergers, stock purchases, and asset purchases. A merger is when two companies combine, usually through a stock exchange, to become one entity. The new combined entity retains its legal identity but all assets and liabilities of the two companies become the responsibility of the new entity. In a stock purchase, one company purchases the majority of the shares of another company and takes control of the target company. The target company retains its legal identity but is now controlled by the purchasing company. An asset purchase occurs when one company purchases the assets of another company. In this type of transaction, the assets are transferred from the seller to the buyer and the target company retains its legal identity, but the buyer now owns the assets. Finally, a tender offer occurs when one company makes an offer to buy the outstanding shares of another company. The shareholders of the target company must then decide whether or not to accept the offer. All of the above types of M&A transactions can have a profound effect on companies and can have complex legal considerations. It is important to consult with an attorney in order to understand the different types of M&A transactions and all of the legal implications involved.

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