An M&A deal is all about two, three or more companies consolidating to form a new entity. Typically, it involves numerous components, including corporate finance & asset purchases, that simplify this process. A merger is usually undertaken to create a stronger & more sustainable company. Therefore, those planning on conducting an M&A transaction need to understand what each transaction it is made up of involves.
Merger Process
Mergers are concluded for the purpose of creating a new commercial entity. The idea behind is to consolidate assets & debts and thus increase the newly formed company’s efficiency. The same thing happens with the stocks of individual companies participating in the deal. A deal like this can also be undertaken if 2 competing enterprises decide to join their forces in an attempt to help their business grow & conquer new markets. If concluded with suppliers, it enables producers to optimize their production processes and ultimately save their assets.
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Acquisition Process
Acquisitions are all about 1 commercial entity being purchased by another, with all the expenses being covered by the purchasing entity. The acquisition process involves the entire or partial purchasing of a commercial entity for the purpose of having a controlling stake in it. Under this deal, purchasers of the stocks can take decisions concerning the acquired company’s assets without securing consent of its shareholders. The acquiring of a company can be done even if the company being acquired is opposed to it. These kinds of acquisitions are referred to as hostile.
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Consolidation Deals
Consolidations are all about small businesses joining together to form one large enterprise. All assets & liabilities of the companies taking part in the deal end up belonging to the newly formed entity. For a consolidation deal to be a success, it needs to be approved by the stakeholders of each of the companies. After giving their approval, they receive the same shares but bearing the name of the new organization. A consolidation transaction also involves dealing with accounting issues that companies face during M&A transactions. They usually occur when the financial statements of the companies get combined into a single account.
What Does ‘Tender Offer’ Mean?
Preparing an M&A transaction involves making an offer to purchase all or some of the stocks of the acquired company’s stakeholders. The price offered for the stocks is higher than the regular market price, which provides a financial incentive for the stakeholders to sell them. A tender proposal is all about an investor seeking to establish control over a business by becoming its owner. Some of the advantages of tender proposals include providing an opportunity for purchasers to include provisions in a future M&A deal that exempt them from liability for the buying of shares. Investors aren’t required to buy stocks until a concrete amount is offered either.
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Mergers VS Acquisitions
Despite being similar in certain respects, M&As have some dissimilarities, too. If mergers center around a union of several companies undertaken by mutual consent, the acquisition process is all about one company buying another. Please note that new companies are formed during mergers, not during takeovers. Mergers are usually concluded between a maximum of 3 companies, whereas acquisition deals are made only between 2 companies.
Mergers are concluded for the purpose of reducing competition & increasing production efficiency. By undertaking acquisitions & purchasing a second company, purchasers can give an impetus to the development of their companies. During mergers, companies taking part in the M&A process are often identical in size. However, when it comes to takeovers, the buying company is usually larger than the one being acquired.
Conclusion
Interested getting help with an M&A transaction? Eager to know what it takes to get the M&A process underway? IQ Decision UK is the answer. Our highly professional lawyers will provide legal support for M&A transactions in the jurisdictions you are interested in.
