Mergers & Acquisitions Questions & Answers by State

Mergers & Acquisitions Questions & Answers

Q: My grandmother wants to sign the deed for her property over to me in Puerto Rico. what complications may I face?

1 Answer | Asked in Mergers & Acquisitions, Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. There are various questions you need to be answered before you accept such as is there a mortgage, is this her only property, are there any children (future inheritors), is it tax free, any liens, ect. The first thing you should do is have a title search done to find answers to your questions. Once this has been done you will then know the economical burden if any and if the deed is free and clear of any claim. The next step is to verify the future...
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Q: Can I sue a school for not having proper life guard training

1 Answer | Asked in Civil Litigation, Education Law and Mergers & Acquisitions for New Jersey on
Answered on May 26, 2018
Stuart Nachbar's answer
If you had a cause of action, and I am not sure if you did, you needed to bring the action within 2 years of your 18th birthday. As you stated that you are 21, you have lost any action you might have had.
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Q: Are we able to void the employment contracts of employees from an acquired business?

1 Answer | Asked in Mergers & Acquisitions for California on
Answered on May 4, 2018
Benton R Patterson III's answer
It depends on the structure of the acquisition, the contracts with the employees, and the law in your state. You will need to speak with a local business attorney.

Q: Can my previous property management company hold me to the lease of a company they bought out?

1 Answer | Asked in Mergers & Acquisitions, Real Estate Law and Landlord - Tenant for Wisconsin on
Answered on Apr 23, 2018
Sarah Lynn Ruffi's answer
In order to be able to give you an informed answer, I would need to see the lease. If your lease was assignable and if your lease included a 60 day termination provision for a month-to-month tenancy, then you are probably stuck with the 60 day notice period.

Q: Can I legally set up an online private exchange for the stocks of a family owned company?

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions on
Answered on Apr 20, 2018
Benton R Patterson III's answer
This is likely subject to SEC regulation. You should speak with a securities lawyer before setting up a share exchange.

Q: What's the first step to evaluating a franchise? What should I look out for?

1 Answer | Asked in Mergers & Acquisitions for California on
Answered on Apr 6, 2018
Jonathan R. Roth's answer
First determine the reputation of the organization. Analyze what the costs are and what the training provides. Ask to talk to existing franchisees or simply go to a relatively close franchisee and speak to them. Check to see if they are registered in your state and if there are pending complaints against them.

There is a very good article written by Susan Adams on things to look at before you buy a franchise. I recommend you read it....

Q: what differences are there between NY and CA laws governing VCs ?

1 Answer | Asked in Business Law and Mergers & Acquisitions for California on
Answered on Mar 22, 2018
Jonathan R. Roth's answer
More information is needed to answer your question. Most VC firms manage funds they create using investors money. In creating those funds they have to comply with SEC rules as well as state rules to the extent they apply. As to the use of the funds that is dictated by the terms of the fund and the agreement governing the investments and the payment of expenses. There are rules governing the fees one can take from investment funds.

If your company is a VC fund, then the limitations...

Q: My son wants to purchase part of the family business from his brother

1 Answer | Asked in Mergers & Acquisitions for California on
Answered on Mar 16, 2018
Jonathan R. Roth's answer
There are a number of ways to do this but the two most common are:

1. have someone independently value the stock being purchased without adjustment for minority ownership or lack of control (there are a variety of ways to deal with selection of who values the business);

2. look at any stockholder agreement that exists for how it determines value;

If they can't agree upon price of the stock, are they going to be able to work together? Are both sons going to work in the...

Q: My uncle died with no will, no children, what are my rights as an heir to find out what was in bank accounts he had?

1 Answer | Asked in Mergers & Acquisitions for North Carolina on
Answered on Mar 2, 2018
Jonathan R. Roth's answer
There is a difference between an estate which is subject to probate and a Trust. A Trust is not part of probate generally. The Estate consists of all property held by the decedent directly, personal bank and brokerage accounts, real estate owned by the decedent in his own name or as the beneficiary of a nominee trust. Generally, retirement accounts are not part of probate unless they name the estate as the beneficiary.

I would ask an attorney to review the waiver. The waiver should...

Q: When two companies decide to merge, what financial information are they legally obligated to disclose to each other?

1 Answer | Asked in Mergers & Acquisitions for California on
Answered on Feb 17, 2018
Jonathan R. Roth's answer
In any transaction each party should disclose any material information that might impact the other party's decision to move forward. Generally, each company should disclose their financial information and any known potential liabilities such as potential lawsuits, potential liabilities for recalls of products. There should be a discussion of the retention of key employees and whether licenses held by one company or the other can be assigned without the consent of the owner of the license. The...

Q: Can a not-for-profit organization exist by just donating all of its profit instead of taking specific actions?

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for Florida on
Answered on Feb 16, 2018
Andy Wayne Williamson's answer
Short answer. Maybe. However this question is beyond the scope of this site.

You need to consult with a business law attorney on this issue as it is more complex than just a simple yes or no answer.

Q: I have lived in an apartment without being on the lease with my daughters from 1998-2009. ..

1 Answer | Asked in Contracts, Land Use & Zoning, Mergers & Acquisitions, Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 13, 2018
Michael David Siegel's answer
If it burned down what apartment could anyone get back? Unless you are an arsonist and burned it down, you cannot get "charged" with anything.

Q: Can a police officer write me citation for driving on revoked even if he did not pull me over.?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law, Mergers & Acquisitions and Traffic Tickets for North Carolina on
Answered on Feb 6, 2018
Bill Powers' answer
GREAT QUESTION - We've seen this happen in the past, although it involved a law enforcement officer whom was basically a neighbor and regularly checked DMV records.

While a citation may be written, that does NOT necessarily mean it can be proven in court.

Makes sense to talk to an experienced attorney ASAP.

Bill Powers

North Carolina Traffic Law Attorney

CarolinaAttorneys.com

Q: If tenants in common disagree on a partition by sale will verbal agreements which are not recorded be considered

1 Answer | Asked in Civil Litigation, Real Estate Law, Intellectual Property and Mergers & Acquisitions for California on
Answered on Jan 31, 2018
Jonathan R. Roth's answer
The right to partition is generally independent of verbal agreements. While they can be considered, the real issue is can the property be divided equitably without requiring sale.

Q: Sale of mobile home cooperative: what percentage positive vote is required to accept offer to buy.

1 Answer | Asked in Contracts, Mergers & Acquisitions, Business Law and Real Estate Law for Florida on
Answered on Jan 24, 2018
Andy Wayne Williamson's answer
No way to say here online. First step would be to have an attorney review the MH cooperative documents as they should set such requirements.

Good luck,

Q: State GA -My father and mother died over 35 years ago and left 80 acres. Do we need two estates to settled the estate?

2 Answers | Asked in Estate Planning, Mergers & Acquisitions and Real Estate Law for Georgia on
Answered on Jan 18, 2018
John W. Chambers Jr's answer
At this point, it might not be necessary to have a probate proceeding for either estate. It might be possible to address the title issues by use of an "affidavit of descent." However, with 10 deceased children, preparation of such an affidavit could be quite complicated. You should consult with a probate attorney or real estate attorney who is familiar with these type of legal issues.

Q: I developed an APP, Website for a client with shares. Client refuses to cooperate to original contract, need legal doc.

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for New York on
Answered on Jan 18, 2018
Inna Fershteyn's answer
I don’t see a question here it seems that you need to hire an attorney to represent you, am I correct?

Feel free to call

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com

Q: A competing business offered to take over my business (essentially buying it out) and I'm interested. How long does an

2 Answers | Asked in Mergers & Acquisitions for California on
Answered on Jan 15, 2018
Robert Philip Cogan's answer
A few weeks to a few years, depending on how complicated the business is, whether you are agreed on the price, whether licenses need to be transferred, whether you agree on future non-competition obligations, other business factors, and whether you have lawyers who focus on getting the deal closed.

Q: Is there a best time of year to complete a merger in California?

1 Answer | Asked in Mergers & Acquisitions for California on
Answered on Jan 6, 2018
Jonathan R. Roth's answer
Timing for completion of a merger depends on the tax implications of the merger and the seasonal operations of the businesses involved. Those factors should dictate the timing of the merger.

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