Q: If companies that are based in different states merge, how do you decide which state's law should apply to the merger?
A: The merger agreement dictates which state laws apply. As to that decision it depends if it is a merger of equals or one is entity will remain in control. The decision should be based on what is best for the merged entity.
A: The parties may agree on which state's law is to govern the transaction. Typically, it is the law of the state of the surviving entity.
A:
The contract may say so, the parties may agree, or it may be required based on the industry or related state laws.
See: http://www.aeesq.com/business-law/business-law-introduction/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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