This is a checklist for the discussion of buying, selling, or merger of a law firm. Each category (clients, finance, partner compensation, etc.) is broken into sub-categories as a way of bringing to mind all issues to be discussed.
Alabama Buying, Selling and Merger Discussion Checklist
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FAQ
Although a merger is typically thought of as an equal split in which each side maintains 50 percent of the new company, that's not always the case. In some mergers, one of the original entities gets a larger percentage of ownership of the new company.
A merger, or acquisition, is when two companies combine to form one to take advantage of synergies. A merger typically occurs when one company purchases another company by buying a certain amount of its stock in exchange for its own stock.
In a merger, the stockholders of the acquired corporation typically receive cash, stock of the surviving corporation or some combination of stock and cash.
An acquisition is a business transaction that occurs when one company purchases and gains control over another company. These transactions are a core part of mergers and acquisitions (M&A), a career path in corporate law or finance that focuses on the buying, selling, and consolidation of companies.
A merger essentially involves one corporation becoming part of another ?surviving? corporation; all assets, liabilities, and activities of the merging corporations vest in the surviving corporation by operation of law.
Approval of Shareholders: Before a merger or acquisition can take place, the proposal must be approved by the shareholders of each company involved. The Companies Act requires that at least 75% of the shareholders present and voting must approve the proposal.
Mergers combine two separate businesses into a single new legal entity. True mergers are uncommon because it's rare for two equal companies to mutually benefit from combining resources and staff, including their CEOs.