News & Analysis as of

Mergers Reorganizations

Cooley LLP

In Rare Dismissal of Up-C Reorganization Case, Chancery Court Holds That Claim Is Derivative, Not Direct 

Cooley LLP on

On April 10, 2025, the Delaware Court of Chancery granted a motion to dismiss in a breach of fiduciary duty action arising from BGC’s conversion from an Up-C corporation to a traditional full C corporation. While multiple...more

Morris James LLP

Dilution Claim in Which a Controller Received Additional Shares in Exchange for Its Interests, Was Exclusively Derivative

Morris James LLP on

Gentile v. Rossette, 906 A.2d 91, 100 (Del. 2006), held that dilution claims involving a controller can be both derivative and direct. In Gentile, the Delaware Supreme Court found that dilution claims, challenging a...more

DLA Piper

Chile: Servicio de Impuestos Internos publica instrucciones sobre facultad de tasación y su aplicación a reorganizaciones...

DLA Piper on

El Servicio de Impuestos Internos (SII) dictó la Circular N°23 que imparte instrucciones sobre el nuevo texto del artículo 64 del Código Tributario. A modo de contexto, el SII tiene una facultad legal para tasar el precio o...more

DLA Piper

Chile Publishes Instructions on Appraisal Authority and its Application to Corporate Reorganizations

DLA Piper on

Chile’s Internal Revenue Service (SII) has issued Circular No. 23, providing instructions on the new text of Article 64 of the Tax Code – also known as the Tax Reform. In Chile, the SII has the legal power to assess the...more

Venable LLP

Type F Reorganizations: General Overview and the Problem of Dissenting Shareholders

Venable LLP on

Choosing the type of entity to form and where to form it are two of the most common early legal decisions that founders make when they start their own businesses. Founders typically register their companies in the state where...more

Hogan Lovells

Luxembourg implements the EU Mobility Directive on cross-border conversions, mergers, and divisions

Hogan Lovells on

On 23 January 2025, the Luxembourg Parliament adopted in its first constitutional vote the law bill no. 8053 implementing the Directive (EU) 2019/2121 of the European Parliament and of the Council as regards cross-border...more

A&O Shearman

UK public M&A – return of share-for-share offers

A&O Shearman on

In 2024 we have seen a significant increase in listed corporate bidders offering their equity to target company shareholders in UK public M&A deals, including on offers made by non-UK listed companies. In the year to date,...more

Mintz - Tax Viewpoints

F-Reorgs: How Buyers’ and Sellers’ Favorite ‘F Word’ Optimizes M&A and Private Equity Transactions Involving S Corporations

Mintz - Tax Viewpoints on

In M&A and private equity transactions, buyers and sellers are consistently looking for ways to maximize value, which requires a critical focus on structuring the transaction in a tax-efficient manner. This pursuit of tax...more

A&O Shearman

What the new private sale process regime means for private equity investors

A&O Shearman on

The UK Takeover Panel (the Panel) has published a new framework for private sale processes. If you are a private equity investor considering potential P2P acquisitions after receiving initial soundings from management teams,...more

Allen Matkins

Federal Judge Finds Exception To Exclusivity Of California Dissenters' Rights Remedy To Be "Likely" Even Though The Statute Says...

Allen Matkins on

California Corporations Code Section 1312(a) provides: No shareholder of a corporation who has a right under this chapter...more

McDermott Will & Schulte

[Event] Tax Symposium 2024 - May 14th - 15th, Chicago, IL

Discover the latest global developments and planning opportunities to stay ahead of the curve at McDermott’s Tax Symposium 2024. Join us in Chicago for a full day of programming designed to equip corporate tax leaders with...more

Holland & Hart LLP

Continuing Reporting Obligations Under the Corporate Transparency Act: You're Never Done

Holland & Hart LLP on

Most smaller businesses newly formed or registered to do business in the United States will soon be required to file their initial beneficial ownership report with the federal Financial Crimes Enforcement Network (FinCEN),...more

Rivkin Radler LLP

Pre-Consolidation Conversions in the Accounting World – Tax Considerations

Rivkin Radler LLP on

Another Change- Last week BDO confirmed that it was going to convert from an entity organized as a limited liability partnership under state law to one organized as a corporation. With that, BDO became the latest in a...more

Cozen O'Connor

New Jersey Eliminates S Election as of December 22, 2022

Cozen O'Connor on

New Jersey will automatically treat federal S corporations as New Jersey S corporations, effective for periods beginning on or after December 22, 2022. Historically, the New Jersey Division of Revenue and Enterprise...more

Jackson Lewis P.C.

Pending California Bill Proposes Changes to Employee Hiring Requirements When a Grocery Store Establishment Experiences a Change...

Jackson Lewis P.C. on

California has had a handful of bills in recent years that discuss the process for hiring employees when there is a change in ownership or control. There is another bill pending pertaining specifically to grocery stores that...more

McDermott Will & Schulte

UmRUG Update: Implementation of the Reorganization Directive ("UmRUG")

Düsseldorf, February 10, 2023 – On Friday, February 10, 2023, the Federal Council (Bundesrat) approved the “Gesetz zur Umsetzung der Umwandlungsrichtlinie” (UmRUG), which had already been passed by the German Parliament...more

Nutter McClennen & Fish LLP

M&A in Brief: Q4 2022

Headlines - - Tax Issues for F Reorganizations in M&A Transactions - Presidential Executive Order Places Heightened Importance on National Security Risks and Committee on Foreign Investments in the United States...more

Allen Matkins

When Non-Voting Shares Must Approve A Reorganization

Allen Matkins on

The California General Corporation Law permits a corporation to issue shares with no voting rights, provided that at the time one or more classes or series of outstanding shares or debt securities, singly or in the aggregate,...more

Bennett Jones LLP

Alberta is Open for Corporate Reorganizations

Bennett Jones LLP on

Courts Now Have More Discretion Regarding Plans of Arrangement Under Alberta's Amended Business Corporations Act - As discussed in our previous insight, Additional Changes to Alberta's Business Corporations Act Now in...more

White & Case LLP

Europe’s banks emerge from the COVID-19 pandemic resolute in their ambitions

White & Case LLP on

UK & European Financial Services M&A: Sector trends H2 2021 | H1 2022 — Banks - Our outlook for bank M&A is extremely positive despite current market uncertainty. Many of Europe’s lenders dedicated significant resources...more

Miller Nash LLP

Today in Tax: Tax Proposal Could Shake Up M&A For Corporations With Preferred Stock

Miller Nash LLP on

Brief commentary on the recent developments, cases, rulings, notices, and related federal tax guidance. Biden Administration Budget Proposal May Limit Tax-Free Reorganizations for Corporations with Preferred Stock...more

Hogan Lovells

Every vote counts: Hong Kong court considers Takeovers Code rule in privatization application

Hogan Lovells on

The Hong Kong court has recently delivered a key judgment that could affect the validity of privatizations effected by court sanctioned schemes of arrangement or reductions of capital. The decision may affect the wording of...more

Miller Nash LLP

Today in Tax: Spin-off Structures in Mergers & Acquisitions

Miller Nash LLP on

Brief commentary on the past week’s cases, rulings, notices, and related federal tax guidance. Corporations Permitted to Rely on Public Shareholder Data to Confirm Qualification for Tax-Free Spin-off and Subsequent Merger...more

Rivkin Radler LLP

Selling to Private Equity? Maybe You Should “F Reorg” First

Rivkin Radler LLP on

Having Fun? Hope you had a decent weekend. Perhaps you did something interesting, maybe even fun, like some end-of-season apple picking? Or maybe you had a cider donut with some hot coffee at a farm stand you stumbled upon...more

Allen Matkins

When A Majority Vote May Not Suffice

Allen Matkins on

The California General Corporation Law imposes an intricate set of rules with respect to shareholder approval of reorganizations (defined in Section 181).  In general, the GCL requires that the principal terms of a...more

44 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide