M&A Definition

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Date Submitted: 06/04/2021 - 12:19 PM

In English, M&A means "Merger & Acquisition". Accordingly, M&A is an activity to gain control of a business through a merger or acquisition between two or more businesses.

The merger is a connection between businesses of the same scale and the birth of a new legal entity. The new enterprises will own all assets, benefits as well as rights and obligations of the merged enterprise. Two businesses join together for common benefits.

Acquisition is a form in which a large enterprise will purchase smaller and weaker enterprises and the being purchased enterprise will still retain its old legal status. The acquiring business has legal ownership of the purchased business.

M&A deals are all aimed at participating in and deciding on important issues of the merged or acquired business, not simply owning shares.M&A often brings many benefits to businesses: expanding market share, achieving better business efficiency, reducing the number of employees, reducing unnecessary costs, and taking advantage of transferred technology, etc.

Vietnamese law regulates several forms of M&A implementation as follows:

-  Contribute capital directly to a business through contributing charter capital to a limited liability company or purchasing shares issued to increase the charter capital of a joint stock company.

- Buyback capital contributions or issued shares of members or shareholders of the company. Unlike direct capital contribution to a business, this is a form of investment that does not increase the business's charter capital but can change the capital/share ownership structure of the business.

There are also business mergers, business amalgamations, and business divisions and separation.

There are still many different definitions when approaching diverse levels of M&A, so the definitions are only relative.