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New York Mergers & Acquisitions Questions & Answers
3 Answers | Asked in Mergers & Acquisitions for New York on
Q: If companies that are based in different states merge, how do you decide which state's law should apply to the merger?
Jonathan R. Roth
Jonathan R. Roth
answered on Apr 21, 2017

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.

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1 Answer | Asked in Mergers & Acquisitions for New York on
Q: What is the best way to handle employee questions before an acquisition?
Jonathan R. Roth
Jonathan R. Roth
answered on Mar 31, 2017

There are a variety of ways to handle the information depending upon whether there will be lay-offs or not. If some people are going to lose their jobs, then you need to prepare yourself and them for that event. If no one is being fired or laid-off, then the matter is much easier.... View More

1 Answer | Asked in Mergers & Acquisitions for New York on
Q: What sorts of costs are usually associated with buying a company?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

This varies wildly based on the type of company. Your question is too vague. 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... View More

1 Answer | Asked in Mergers & Acquisitions for New York on
Q: When is the best time to secure an NDA when discussing the possible acquisition of my company by another?
Donovan A Rodriques
Donovan A Rodriques
answered on Feb 17, 2017

Usually about the time you are set to begin any serious discussions and/or exchange of information, and definitely prior to conducting due diligence.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice....
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1 Answer | Asked in Mergers & Acquisitions for New York on
Q: where can I find form 904- merger the foreign corporation into domestic corporation, new york?

I am trying to merge my NJ based corporation with my NY based

Donovan A Rodriques
Donovan A Rodriques
answered on Jan 27, 2017

What you are probably looking for is a Certificate of merger (or consolidation). You should contact a business attorney for assistance.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should...
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1 Answer | Asked in Mergers & Acquisitions for New York on
Q: Are there any good reasons to choose a merger over an acquisition if it's my company that may be bought out?
Donovan A Rodriques
Donovan A Rodriques
answered on Jan 27, 2017

There are tax considerations involved. These vary depending on the whether the transaction is a merger or acquisition, asset sale or stock sale, and the types of entities involved. You should speak with a qualified M&A attorney and an accountant or tax attorney for tax advice.

The...
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1 Answer | Asked in Business Formation, Contracts and Mergers & Acquisitions for New York on
Q: I am moving my s corporation to NY from NJ. Should I do it through Merger and then dissolve NJ Company?

Can they have the same name- so it would be easier for my clients?

Also- if I dissolve NJ within the first month of 2017 - do I have to still pay the minimum tax for the entire year?

Would really appreciate your help!!!!

Michael David Siegel
Michael David Siegel
answered on Dec 30, 2016

Unless you have some undisclosed reason for doing it, there is no reason to do this. Just register the company as a foreign corporation in NY. It is a few hundred dollars.

2 Answers | Asked in Business Law, Contracts and Mergers & Acquisitions for New York on
Q: How do I sell/transfer my half of my company to my partner

We are a 50 50 non LLC partnership. There is no tangible property, just company name, domain, and email.I and the company is based in NY my partner is in CA. We do have an EIN

Michael David Siegel
Michael David Siegel
answered on Oct 14, 2016

A simple agreement will suffice. You can then re-register the domain and email account.

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1 Answer | Asked in Mergers & Acquisitions for New York on
Q: What is the indirect acquisition concept in U.S., and what level would trigger an open offer?
Adam Studnicki
Adam Studnicki
answered on Jul 18, 2015

This question can't be adequately answered in the limitations of this forum. You should sit down for a private consultation with a business lawyer.

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