Mergers & Acquisitions Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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
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...
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...
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
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.
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.
Q: Are we able to void the employment contracts of employees from an acquired business?
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.
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
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.
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
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.
This is likely subject to SEC regulation. You should speak with a securities lawyer before setting up a share exchange.
Q: Say I know about a merger between two firms and their stock going to rocket up. Will it be a crime if I buy their stock
1 Answer
| Asked
in
Business Law, Contracts and Mergers & Acquisitions
for
New York
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Q: What's the first step to evaluating a franchise? What should I look out for?
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....
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
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...
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
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...
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?
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...
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?
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...
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
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.
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
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.
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
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
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
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.
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
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,
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
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.
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
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
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
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.
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?
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
