How to distinguish company merger, acquisition, merger and merger

1. How to distinguish the merger, acquisition, merger and acquisition of branches? 1. Merger The so-called merger refers to the legal act that two or more companies form a company by concluding a merger agreement in accordance with the conditions and procedures stipulated in the Company Law. Specifically, it includes absorption merger and new merger. 2. Acquisition usually means that a company gains a certain degree of control over another company through property right transaction. Specifically, according to different standards, it can be divided into horizontal acquisition, vertical acquisition and mixed acquisition. 3, mergers and acquisitions, the situation is more complicated. Because there is no clear definition of this term in China's company law, it is often mixed in practice. Therefore, there are many disputes about whether it is a legal concept. In our country, merger is sometimes synonymous with absorption merger and sometimes with acquisition. Specifically, the main forms of enterprise merger at present are: 1) debt merger; 2) Purchase and merger; 3) absorb the merger of shares; 4) Holding merger. 4.M&A has a wider meaning. Refers to all kinds of property rights transactions involving the transfer of control rights of the target company. Therefore, the process of enterprise merger and acquisition is essentially a process in which the subject of enterprise rights changes. Compared with M&A, only the emphasis of semantic expression is different. The former emphasizes behavior, while the latter emphasizes results. And both are economic terms, not legal terms in a strict sense. Second, how to classify enterprise mergers and acquisitions? (1) Mergers and acquisitions of enterprises are classified according to legal forms. Merger and acquisition of enterprises can be divided into absorption merger, creation merger and holding merger according to legal forms. 1, absorption and merger. Absorption and merger, also known as merger, refers to an enterprise acquiring one or more other enterprises by issuing stocks, paying cash or issuing bonds. After the merger is completed, only the merging party still maintains its original legal status, and the merged enterprise loses its original legal personality and engages in production and business activities as a part of the merged enterprise. 2. Create a merge. Incorporation refers to the merger of two or more enterprises to form a new enterprise, and the shares of the new enterprise are exchanged for the shares of the original enterprise. After the merger, the original enterprise lost its legal personality, and the newly established enterprise engaged in production and business activities. 3. Holding merger. Holding merger, also known as obtaining controlling rights, refers to an enterprise obtaining all or part of the voting shares of another enterprise by paying cash or issuing stocks or bonds. After controlling the equity, the original enterprise is still engaged in production and business activities as an independent legal entity. (2) Mergers and acquisitions of enterprises are classified according to the economic essence and the nature of enterprise merger, which can be divided into purchase merger and equity joint merger. 1, buy. Purchase refers to the merger behavior that one enterprise (purchasing enterprise) obtains the net assets and business control rights of another enterprise (purchased enterprise) by transferring assets, assuming liabilities or issuing stocks. In enterprise merger activities, one enterprise that usually participates in the merger can control other enterprises that participate in the merger. As long as one enterprise participating in the merger can control other enterprises participating in the merger, it can distinguish which enterprise is the buyer. 2. Joint equity. Equity joint refers to a business combination in which all or actually all the net assets and operations of the shareholders participating in the merged enterprise are jointly controlled, so as to share benefits and risks with the merged entity. When the enterprises participating in the merger control all or actually all the net assets and business activities according to the signed equality agreement, the enterprise managers participating in the merger manage the merged enterprise, and the shareholders participating in the merged enterprise share the risks and interests of the merged entity, the enterprise merger belongs to the enterprise merger with common equity. Generally speaking, the whole process of merger, acquisition, merger and merger is completely different. Moreover, the legal significance to the two companies is different after completion. But these are some operation methods, which will further consolidate the market position of two or more enterprises to a certain extent, and also increase the competitiveness of enterprises. Upon completion, the structural model and asset management of the enterprise will be adjusted appropriately.