How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Legal question
Type Your Legal Question Here...
characters left:
3 Lawyers are Online Now

Merger Questions

Mergers occur when two unite to create one company. This is generally done in an attempt to improve both companies overall profit margin while combining the operating cost.

Most mergers take place without any notification to the general public or the employees of the two companies involved. The reason for the secrecy is the fact that most mergers fail before they have a chance for a trial run. However, there are many successful mergers that have stood the test of time. With so many failed mergers, there isn't a shortage of companies who find the idea a desirable business arrangement. Below are just a few of the more commonly asked merger questions below have been answered by experts

When a company takes part in a internal company merger. During the transfer of 401k accounts from Mass Mutual to Fidelity a pending Default status appeared on the loans. What should be done?

The responsibility falls on your employer to ensure the payments are sent to Mass Mutual or the employer will have to take steps to transfer the loans to Fidelity. If your employer is withholding payments and are not fixing the issue, you may have enough cause to file a lawsuit against your employer if you suffer losses because of the delay in loan transfers. Losses would also include negative impacts on your credit report. To get things started, you can start will a letter to Mass Mutual and a duplicate letter should go to your plan administrator. In the letter you need to explain that your employer has been withholding money and they need to correct the problem or you will look into filing a law suit. If the demand letter doesn't bring about changes, you may have to consider a law suit.

I am a board member of a small bank in Virginia that is being merged with a banker group. We were not provided with the opportunity to cash out with a premium. We have no say in the changes that are being made. Can anything be done?

When two companies merge, it is normal practice that changes will be made. However, if you feel like the employers are not following proper company procedures, you need to contact the State Department of banking. The department will conduct an internal investigation to review the merger transition and liquidation notices are being handled appropriately. If the employer is operating outside of banking procedures, you have a responsibility to notify the proper officials and provide them with a list detailing the actions of the employer.

When 2 companies are going through a merger, and 2 sales forces are combined; one of which has a much higher salary package, is the new company required by law to equalize the salaries?

The details of the merger will decide how wages are set or adjusted. There isn't a need to equalize the employee pay if both companies continue to operate as separate entities. While both companies have merged as one, they still work as individual extensions of the parent company. However, if the two companies merge as one operation with a combined staff, the employee salaries would have to be adjusted according to the equal pay statutes.

Should companies merge to benefit the overall profit of both companies? What type of merger would be best (i.e., A type, etc.)?

In order for a merger to benefit both companies, there needs to be a common denominator that allows for business expenses to be consolidated. If the costs cannot be consolidated, the merger wouldn't be a profitable move. When two companies merge without the mutual benefit as an intertwined company who can share expenses, you are left with two companies who have merged yet operate as separate units.

As for which type of merger would best suit your needs, here is a short description of each one:

Horizontal Merger: When two companies of equal operating levels merge together to create the same business but on a greater scale.

Vertical Merger: When two companies from different operations of commerce merge. A typical example would be a distributor and a retailer.

Conglomeration: When two businesses merge but have nothing in common.

Market-extension Merger: two companies merge that market the same product or service but each business caters to a different market.

Product-extension Merger: When two companies who conduct business in the same market but offer different products merge.

Mergers are a common practice with businesses who want to improve their current operation. Many small companies merge in an attempt to consolidate overall expenses and increase profits. While merging seems to offer many benefits, a person should do their research before attempting such a move. If you are interested in learning more about mergers and how they work, you should ask an Expert to explain the benefits and risks of merging two companies.
Ask a Legal question
Type Your Legal Question Here...
characters left:
3 Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21205
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21205
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18396
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8492
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3855
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Merger Questions

  • I have an independent contractor agreement. Im trying to see

    I have an independent contractor agreement. Im trying to see if my existing IP is safe. Is it?

    Agreement paragraphs here:

    3.9. MSI’s Intellectual Property.
    a. Contractor acknowledges MSI's ownership of, and full and exclusive rights in and to, any of MSI's trademarks, service marks, trade names, works protected by copyright, or other designations or property rights (the "Existing Intellectual Property") which Contractor uses or produces in connection with its performance under this Agreement. Contractor agrees to use the Existing Intellectual Property only in the manner and form approved by MSI and agrees that all use of the Existing Intellectual Property will inure to the benefit of MSI. Nothing in this Agreement shall be construed or deemed to give Contractor any property, right or interest in any of the Existing Intellectual Property, or any license to use the names, marks, logos, copyright protected material or any Existing Intellectual Property of MSI or its affiliated or parent companies for any reason.
    b. MSI shall retain all ownership rights it may have in all materials delivered to Contractor by or on behalf of MSI. Contractor shall use its reasonable efforts to protect such materials against any loss, theft, damage or destruction. Contractor shall return all originals and copies of such materials to MSI upon MSI's request, and in any event, immediately upon termination of this Agreement. After expiration or termination of this Agreement, Contractor will immediately cease all use of the Existing Intellectual Property, and shall not permit others to make any such use. For purposes of this section, the term “MSI” shall include Transamerica Corporation, Commonwealth General Corporation, AEGON USA, Inc. and their subsidiary companies.
    c. Contractor hereby acknowledges that any and all computer software, documentation and services as well as any other data that Contractor may prepare, deliver or has prepared or delivered (in whole or in part) during his or her engagement with MSI which: (i) relate in any way to MSI's business, or (ii) result in any way from the use of MSI's premises, property, facilities, or time whether or not done during normal working hours, are made for hire and that MSI owns all rights thereto, including any copyright in all or any portion thereof, and Contractor hereby irrevocably assigns any rights Contractor might have in any such materials or items to MSI. Contractor shall execute or record (or cause to be executed or recorded) such further documents, instruments or agreements to evidence or reflect such assignment. Contractor hereby irrevocably appoints MSI, as his or her attorney-in-fact to execute or record such documents, instrument or agreements, in the event that Contractor does not timely execute or record such documents, instruments or agreements as determined by MSI.
  • Question 1 A partnership typically is created: If the

    Question 1
    A partnership typically is created:

    If the managing partner files appropriate papers with the secretary of state.

    If one or more persons or entities engage in an ongoing business activity for profit.

    Upon the issuance of stock to the partners.

    Once there is a valid written partnership agreement.


    Question 2
    Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?

    Race, national origin, and sex.

    Race, national origin, and political affiliation.

    Race, religion, and sexual orientation.

    Religion, color, and prior welfare eligibility.

    Question 3
    Which of the following constitutes illegal discrimination pursuant to Title VII of the Civil Rights Act?

    a.A shoe store refuses to hire Hispanics as employees.

    b.A sporting goods store excludes applicants over the age of 40.

    c.A large department store refuses to hire anyone in a wheel chair.

    d.None of the above.

    Question 4
    1.Which statement is FALSE about the National Labor Relations Act (NLRA)?

    a.Employers can commit ULPs (unfair labor practices) by using inflammatory "scare tactics" and coercive techniques against the employees to prevent unionization.

    b.Secondary boycotts of companies doing business with a company that the union is striking are permissible so as to enhance the union's power against the typically more powerful employer.

    c.Supervisors and managers are not covered by the NLRA.

    d.Both the employer and the union have a legal duty to bargain in good faith on the terms and conditions of a contract.

    Question 5
    All written contracts that have a set of promises are

    Formal

    Valid

    Bilateral

    Executed

    Question 6
    A promise for a promise is an example of:

    A bilateral contract

    A unilateral contract

    A formal contract

    An executory contract

    Question 7
    Which of the following is a true statement?

    A.Goods are defined as only intangible personal property such as stocks, bonds, money, and patents.

    B.The Uniform Commercial Code does not have any Statute of Frauds provisions.

    C.A fixture is personal property affixed to real property but which can be readily removed.

    D.The Uniform Commercial Code’s implied warranty of merchantability is only imposed on merchants.

    Question 8
    Which of the following most likely is illegal discrimination pursuant to Title VII of the federal Civil Rights Act?

    a.Not considering applicants for manufacturing sales positions because of their religious beliefs in incarnation.

    b. Not hiring applicants for sales positions who are smokers of tobacco products.

    c. Not hiring gay, lesbian, bisexual, or transgender employees.

    d. Not hiring candidates whether male or female who are parents when extensive travel is involved with the position.

    Question 9
    Which of the following is FALSE about contracts pursuant to the Uniform Commercial Code?

    a. A UCC contract must have a clear and precise price term initially in the contract for it to be valid. (p 293)

    b. A merchant's firm offer can be valid and enforceable even without the payment of consideration.

    c. Additional terms in an acceptance will as a general rule not render the acceptance invalid.(True)

    d. The UCC requires as a general rule a writing for contracts for the sale of goods $500 or more in price.(True)

    Question 10
    1.Which of the following is a false statement?

    Pursuant to the UCC, an agreement modifying a contract generally needs no new consideration to be binding.

    An oral contract for goods that are specially manufactured for a particular buyer may be enforceable under the UCC even without a writing.

    The Convention on Contracts for the International Sale of Goods closely follows the Uniform Commercial Code of U.S. law. True

    Pursuant to the Uniform Commercial Code, a merchant who sells one type of good will be considered a merchant for any other type of good that he or she sells since a merchant is a merchant. True

    Question 11
    A transaction in which two corporations combine such that afterwards only one of them still exists and owns all the assets previously owned by either corporation is best called a:

    Merger.

    Consolidation.

    Purchase of assets.

    Share exchange.

    Question 12
    Under which of the following types of misrepresentation is the innocent party usually not able to rescind a contract?

    Fraud in the inducement.

    Fraud in the inception.

    Silence as misrepresentation.

    Misrepresentation of law.

    Question 13
    1. Which of the following is the most accurate statement?

    A sole proprietorship is a separate legal entity for U.S. tax purposes and thus the entity must file its own tax return.

    A franchise is an association of members comparable to a partnership organized to provide an information sharing exchange among the me
  • I have a mobile home tied to the property (it was aland/home

    I have a mobile home tied to the property (it was aland/home package). So I have a first mortgage with Greentree owing about $57.3K. I also had a second mortgage with Beneficial to the tune of about $28k. In 2005 my husband and I filed Ch 7, and was dismissed in 2006. We kept the home and property and were advised to no "reaffirm" the debts on the home. I was making payments to beneficial but stopped at one point, presumably after the HSBC merger/buy-out. Because of the bankruptcy laws HSBC couldn't/wouldn't contact me, so I haven't made payments in several years. Fast forward to 2014...my husband and I want to buy a home. Neither mortgage is on our credit report. But I have no way to know for sure if HSBC is who has the 2nd lien...correct paperwork was never filed with the County showing who took over.

    My question is, is there any way to just make the Beneficial lien "go away" by lawsuit or other means? Or am I just gonna have to bite the bullet and and work out a payment with them?
< Last | Next >