Mergers and Acquisitions Attorney
Ensure your company mergers and acquisitions are performed the right way by making the business attorneys Devine Law Offices part of the process. Completing any type of company acquisition involves a thorough understanding of anti-trust laws and other federal and state regulations. Further, the process requires involves skillful negotiations and an eye for detail. Our attorneys will use a combination of personal experience and access to an assortment of available resources to provide sound advice and comprehensive assistance through every stage of the ownership change.
Navigating ‘Friendly’ and ‘Hostile’ Company Acquisitions
A company acquisition is defined as the takeover of one business by another business. Takeovers can be either friendly or hostile in nature. A friendly takeover is defined as one in which all parties support the change — in a hostile takeover, some stakeholders do not approve. Even if you are dealing with an acquisition that’s favored by all involved parties, there are important legal hurdles that will need to be cleared to complete the transition. Failure to navigate these issues can turn a profitable situation into an expensive liability.
With acquisitions where the other business is challenging the takeover, it’s even more essential to have access to an experienced company acquisition lawyer to handle the anticipated resistance to such actions. When necessary, we’ll initiate appropriate legal action on your behalf in order to complete the takeover. Regardless of the nature of the company acquisition, our clients will receive assistance with:
- Preparing and executing necessary agreements
- Completing acquisitions without being saddled with a business’ liabilities
- Filing necessary documentation with the appropriate agencies and departments
- Establishing a reasonable time-frame for completing the takeover
Identifying Potential Regulatory Obstacles
The Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC) are two of the primary agencies that may object company takeovers. Prior to an acquisition, our attorneys can identify potential issues with regulatory agencies that you may face. If there are expected challenges, you’ll receive advice on steps you may be able to take to avoid unnecessary delays.
Legally, one of the simplest ways to complete a company acquisition in Pennsylvania is to purchase the seller’s assets free and clear of any liabilities. A company acquisition attorney from Devine Law will ensure that you receive everything you are entitled from the purchase, including the purchased business’ name, equipment, and any goodwill, or existing business relationships. You may benefit from an asset purchase agreement, which can specify the following points:
- Which assets and liabilities will be part of the acquisition
- Whether or not some rights will be retained by the seller
- Options involving existing employees from the seller’s business
- Stipulations involving existing contracts the seller has with other parties
Completing a Stock Purchase
Another option when completing a company acquisition in Pennsylvania is to do a stock purchase. This is a process that involves exchanging stock certificates for a check. With this type of acquisition, you’ll be taking over everything the seller owns.
You may wish to include one of our attorneys in this process to determine if there are unforeseen liabilities that may be involved with the transaction. For example, to avoid potential issues with double taxation, you may benefit from a stock purchase agreement.
Ensuring Seamless Ownership Changes
No matter what type of company acquisition you may be planning, our goal is to ensure a seamless change of ownership. From discussing initial plans to negotiating terms and ironing out differences between parties, you’ll have convenient access to our attorneys to complete all the necessary procedures as seamlessly as possible from start to finish.
Because of the unique complexities involved in company acquisition, you’re sure to appreciate the attentive services provided by the business attorneys at Devine Law Offices in Lancaster, PA. Contact us today to schedule a consultation to see how we may be able to help you with your business growth plans.