Louisiana Merger Agreement for Type A Reorganization
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How to fill out Merger Agreement For Type A Reorganization?
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FAQ
Parties enter into Restructuring and Reorganization Agreements when they want to change the financial, equity, legal or operational structures of a company (or companies within an affiliated group).
A. In a Type A reorganization under recent Treasury? Regulations, at least? 30% of the consideration used must be the acquiring? corporation's stock. This rule permits money securities and other property to constitute up to? 70% of the total consideration used.
The sole requirement here is that the acquiring/parent company own above and beyond majority ownership of the acquiree after the transaction. This requires that the target corporation exchange around 75-85% ownership to the acquiring company (IRC § 368(a)(1)(B)).
A Type A reorganization must fulfill the continuity of interests requirement. That is, the shareholders in the acquired company must receive enough stock in the acquiring firm that they have a continuing financial interest in the buyer.
A type A Reorganization is a tax-free merger or consolidation. Generally, in a merger, one corporation (the acquiring corporation) acquires the assets and assumes the liabilities of another corporation (the target corporation) in exchange for its stock.
What is a Type ?A? Reorganization? Under IRC § 368(a)(1)(A), a Type A reorganization is a ?statutory merger or consolidation.? An ?A? reorganization must meet the requirements of applicable state corporate law or the merger laws of a foreign jurisdiction, as well as regulatory requirements in Treas.