What is the difference between a private and public merger or acquisition?

Mergers and acquisitions are the process of combining two or more companies into one, or when one company takes up another. Mergers and acquisitions can be classified as either private or public. A private merger or acquisition is when two companies agree to combine as a private entity, or when one privately-owned company buys another privately-owned company. Private mergers and acquisitions are not subject to disclosure or regulatory procedures and are usually negotiated directly between the two companies involved. Public mergers and acquisitions occur when two publicly-traded companies combine or when a publicly-traded company purchases another publicly-traded company. This type of merger or acquisition is subject to disclosure and regulatory procedures and therefore requires approval by the shareholders of both companies and regulatory agencies such as the Securities and Exchange Commission. Public mergers and acquisitions also require disclosure of information such as the financial strength and earnings projections of both companies. In California, mergers and acquisitions, both public and private, are regulated by the Department of Corporations which ensures that the transactions are done in a manner that protects investors from fraud and other unethical practices. For both private and public mergers and acquisitions, it is important to seek advice from experienced legal professionals to ensure that the transaction is in compliance with all applicable laws.

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