If you are thinking of merging with another company and wondering if you need a Carmel Fishers merger attorney to help you, the answer is yes! A merger is a legal consolidation of two entities into one. Upon the vote of shareholders, two companies convert their stock to those of the new, combined company. A merger allows entities to grow or downsize and changes the nature of their business or competitive position.
A merger may not sound very complicated, but there are a lot of moving parts involved in an Indiana business merger. A Carmel Fisher merger attorney can help guide you through all the steps of a merger from A to Z, including planning, research, due diligence, closing, and implementation activities.
How a Carmel Fishers Merger Attorney Can Help You
While the combining of businesses through mergers and acquisitions (M&A) may seem straightforward, it usually involves significant restructuring, which requires specialized, meticulous work. Indiana M&A attorneys are invaluable as they can act as the advisor, mediator, negotiator and drafter. They should have an extensive understanding of Indiana corporation laws, good judgment, communicate effectively, and understand the goals of the client with regard to the merger.
At Camden & Meridew, you’ll find a Carmel Fishers merger attorney should also be well-versed in intellectual property law. When two entities merge, issues may arise involving what to call the company after the merger as well as issues with overlapping and competing brands.
Types of Mergers
There are several types of mergers a Carmel Fishers merger attorney can help you with:
A horizontal merger is a merger between entities that operate in the same industry. A vertical merger is a merger between two entities that don’t operate in the same industry but belong to the same supply chain. A conglomerate merger is a merger between two entities that are involved in business activities that are unrelated to each other. A concentric merger is a merger between two entities that have the same customers in the same industry, but they offer different products and/or services.
While each type of merger involves an acquisition of some sort, each can also raise unique issues. Working with an experienced merger attorney will help protect your interests regardless of the type of merger and your relative position in the transaction.
How a Merger Attorney Guides You Through the Merger Process
An Indiana business merger may begin with a letter of intent to merge, in which the merging businesses agree to key terms negotiated beforehand. Then the due diligence process begins, where a merger attorney helps the parties examine, in-depth, aspects such as each company’s financials, customers, shareholder value, and management.
Once due diligence has been completed, the parties negotiate the specific terms of the transaction, such as conditions, representations and warranties, covenants, termination rights, and provisions relating to obtaining required shareholder approvals under Indiana corporate laws and related filings with the Securities and Exchange Commission under federal law, if applicable.
Why Hiring a Carmel Fishers Merger Attorney Is a Good Idea
Merging two businesses is not a do-it-yourself transaction. Experienced Indiana M&A attorneys are key to identifying all of the steps involved in your particular merger and performing the due diligence necessary to protect your rights and ensure the viability of the new, combined company.
For example, for an asset purchase—purchasing the assets but not the stock of a business—the purchaser generally does not assume the debts and liabilities of the seller. However, certain exceptions may leave the buyer holding the bag for the seller’s liabilities anyway:
- An implied or express agreement to assume liabilities;
- A fraudulent sale of assets to evade liability;
- A de facto consolidation or merger; or
- The buyer is a continuation of the seller.
An experienced Carmel Fishers attorney provides critical legal help with a merger so that you can identify and avoid these and other pitfalls. If you interested in merging your business with another, as either the buyer or the seller, call Carmel Fishers merger attorney Corey Meridew at Camden & Meridew, P.C. Corey has a vast understanding of corporate law and can help you negotiate the deal and guide through all the steps of a merger. For a consultation, call 317-770-0000 or complete the firm’s online contact form today.