Protecting Businesses During Mergers and Acquisitions
When companies are buying or selling businesses, it is important to have a complete understanding of the other entity, including its existing structure. For example, is it a corporation, limited liability company, partnership or some other entity. After the merger or acquisition, should the structure change. How should the purchase or sale be structured.
Each of these considerations must be carefully reviewed before a business commits to a merger or acquisition. An experienced lawyer knows what questions to ask to get a complete picture of the transaction. The Law Office of David Lacher has over 30 years of experience representing individuals throughout Westchester County and the New York metropolitan area in mergers and acquisitions.
Understanding the Structure and Tax Liabilities
One of the most important elements a business owner must consider is how the sale should be structured — stock sale or asset sale and purchase. Regardless of which option you choose, it is important to understand the potential legal and tax liabilities. The firm works closely with our clients’ tax advisers to help clients determine which option is most appropriate for their situation, and then meticulously prepares the necessary paperwork.
The Importance of Research and Due Diligence
When an attorney represents a business in mergers and acquisitions, due diligence is critical. David Lacher and the other attorneys on our staff carefully research every element of the business, including:
- Liabilities
- Contracts
- Outstanding claims
- Customer lists
- Equipment
- Real estate
In addition to the actual business being purchased, the firm investigates other assets of the company including the employees, customer relationships, providers and suppliers. We investigates the company’s intellectual property, determining if there are property rights, patents and trademarks.
Contact The Law Office of David Lacher
Contact attorney David Lacher or any other member of our staff online or call 914.355.5900.