(2) M&A: M&A refers to various forms of property rights transactions that transfer the control of the target company, mainly including mergers, mergers and acquisitions. M&A is short for merger and acquisition. Merger generally refers to the merger of two or more companies to form a new enterprise. The rights and obligations of the original company shall be borne by the new company. According to whether the new company is newly established or not, there are usually two forms: absorption merger and newly established merger.
(3) Merger refers to the reorganization of two or more companies through legal means, and the original company no longer retains its legal personality.
(4) Merger refers to the reorganization of two or more companies through legal means, and only the merging party continues to retain its legal person status.
The main difference between M&A and acquisition is that M&A is the integration of enterprises, while acquisition only gains the control of the other party. Because in practice, it is often difficult to strictly distinguish between merger and acquisition, so it is customary to put them together, referred to as merger and acquisition.
Legal basis: Article 173 of the Company Law, when a company is merged, all parties to the merger shall sign a merger agreement and prepare a balance sheet and a list of assets. The company shall notify the creditors within 10 days from the date of making the merger resolution and make an announcement in the newspaper within 30 days. Creditors may, within 30 days from the date of receiving the notice, or within 45 days from the date of announcement if they have not received the notice, require the company to pay off debts or provide corresponding guarantees.
Article 174 When a company is merged, the creditor's rights and debts of the merging parties shall be inherited by the surviving company or the newly established company after the merger.