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Business Acquisition Problems

What is an acquisition?

An acquisition is where a part or several parts of a company is bought and divided or combined with different companies that will help an enterprise grow faster. The enterprises do acquisitions to help keep from having to make smaller, children companies. For more questions that have been answered by Experts pertaining to acquisition read below.

Can an owner of an acquired company get their money back that was mistakenly paid to a debt that was not the obligation of the new owner to pay since the former company was defunct?

The new owner of the acquired company might be able to let the debt collector sue him/her for the funds that is due on behalf of the defunct company and then may be able to counter sue for repayment of the money that was paid in regards to the debt by mistake. In most cases the debt collector cannot collect debts from a defunct company.

If a company is being acquired only for their assets and offices, but not for their name, can the prior owner retain the rights to the name of the company even if the name is not copyrighted?

The trade marking of a company name might have made retaining the company name easier, but the sellers could possibly ask for the name to be retained in the papers that are drawn up in the sale agreement. Although in the agreement the retained portion of the company may have certain stipulations attached to it, in most cases companies may be able to retain such assets of the company such as the name.

Can a company that acquired the assets of another company have the financial statements audited to include the buyer’s privet placement if the buyer omits the parts of the financial statements that are not part of the accusation?

Taking the financial statements to the buyer’s auditor and having them redone may possibly help the financial statements gain credibility with potential investors who are looking into a privet placement options. The buyer may very well have a good idea in doing this to help with their potential investors.

Can an owner sell a company that still has debts on some of the company’s assets, if the person that is doing the acquisition agrees to take over the debts?

When the sale agreement to the company is drawn up, the seller needs to state that all debts of the company are to be taken over by the buyer. If all debts are under the company name then this should be all that is needed to transfer everything to the buyer, but of the debts were personally guaranteed by the seller he/she may need to go to the places where the debts are owed and give them the new owner’s information. Every detail of the acquisition should be covered in the sell agreement that is drawn up between the seller and the buyer.

When a larger company needs to expand their market of certain services they may look to a smaller company to do an accusation with so that they can grow into a larger company. This may take time and lots of confusing paperwork. Consulting the Experts may give the insight that is needed to clear up any questions when it comes to the acquisition.

Ask a Business Lawyer

Law Pro
Law Pro, Attorney
Category: General
Satisfied Customers: 1778
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
11688690
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6 Business Lawyers are Online Now

How JustAnswer Works:

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Business Lawyers are online & ready to help you now

Law Pro
Attorney
Satisfied Customers: 1767
20 years experience in business law - sole proprietor, partnership, and corporations
Dimitry K., Esq.
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Run my own successful business/contract law practice.
MShore Law
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Satisfied Customers: 1233
Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

Recent Acquisition Questions

  • There were a few times in which I was doing personal

    There were a few times in which I was doing personal shopping and realized that I had only my business card on me. I purchased about $220 worth of merchandise, but I noted the purchases on the statements and reimbursed the company. Is this considered 'comingling'
    of funds that jeopardizes me from the protection of the 'corporate veil'? Under what circumstances would something be considered 'comingling' that takes away protection of the corporate veil?
  • For Lucy, my son lives in NV having NV driver license. If

    For Lucy, my son lives in NV having NV driver license. If he goes to CA and borrow his Dad's CA-registered&Insured car & he caused accident in NV, then which laws will apply to this accident case? CA or NV?
    Since the car's owner(his Dad), registration, & insurance are in CA, then does CA laws will apply eventhough the case will be handled in NV court house due to the other party sue in NV court?
  • For Lucy, I've just read the print in Nev. Rev. Stat., Section

    For Lucy, I’ve just read the print in Nev. Rev. Stat., Section 41.470 about minor driving my car that you answered in my previous question. Please help me to understand it better by answer the below questions:
    Q1: I’m liable for a minor under-18 child, who drove my car and caused accident, is this correct? If he is 19 then I’m off the hook, is that right? (see Nev. Rev. Stat., Section 41.470(1))
    Q2: I will be liable to pay up to ONLY 10K if my minor son used my car & caused accident at his fault. Is this correct? (see Nev. Rev. Stat., Section 41.470(2)) I’m a bit confused in this 10K limitation of liability. Please help to clarify this issue.
    Q3: are CA laws the same as NV laws in questions 1&2?
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