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California Mergers & Acquisitions Questions & Answers
1 Answer | Asked in Mergers & Acquisitions for California on
Q: What type of corporate entity should I choose for my business to attract a buyout by an investor?
Jonathan R. Roth
Jonathan R. Roth
answered on Jun 23, 2017

If you mean to have someone buy your business in total from you, the choice of entity is not that important since the Buyer is going to want to do an asset purchase. If you are talking about an investor buying into your business that is different and it will depend on both the kind and size of the... View More

1 Answer | Asked in Mergers & Acquisitions for California on
Q: If a larger entity buys out the company I work for, can they change employee benefits?
Jonathan R. Roth
Jonathan R. Roth
answered on Jun 2, 2017

It depends on how the larger company acquires your company. If it purchases its assets only, it is likely that it can all the benefits and will offer all or less than all current employees whatever benefits it currently offers its other employees. If it buys the company's stock, unless it is... View More

2 Answers | Asked in Mergers & Acquisitions for California on
Q: I would like to buy a small business in my town - should I form a corporation to do that?
Jonathan R. Roth
Jonathan R. Roth
answered on May 12, 2017

I generally advise people who operate businesses to form a LLC or Corporation to limit any personal liability related to operating the business. It is not always necessary, but generally a good idea.

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1 Answer | Asked in Mergers & Acquisitions for California on
Q: When two companies merge, do employees get to keep their existing benefits?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 21, 2017

Any contractual obligations of either employer should be upheld, despite any merger.

See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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2 Answers | Asked in Business Law, Contracts and Mergers & Acquisitions for California on
Q: Can i change unfavorable terms in a non-disclosure agreement without telling the other party before i sign?

I requested information on a business for sale through a broker, they sent me a non-disclosure agreement that stipulates if for any reason we go into litigation i am responsible for the legal fees they incur.

N. Munro Merrick
N. Munro Merrick
answered on Sep 8, 2016

I assume they sent you the non-disclosure agreement before they disclosed private information about the business. Pretty common requirement. If you plan on disclosing the info, I would not sign it, but I do not know of a business broker who would disclose financial information about a business... View More

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