Acquiring corporation

Acquiring corporation

What does Acquiring corporation mean in American Law?

The definition of Acquiring corporation in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

In talking about the merger of corporations, it is sometimes useful to distinguish between the “acquiring corporation” and the “acquired corporation,” i.e., between the buyer and the bought. When Corporation A buys all of the assets or stock of Corporation B, it is usually clear that A is the “acquiring corporation.” Sometimes, however, the transaction between the two corporations is more ambiguous, e.g., when A buys all of the assets of B in exchange for stock of A which, when distributed to

B’s stockholders, gives them a controlling interest in A, any distinction between acquiring and acquired corporation may be so blurred as to be analytically

counter-productive.


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