Acquiring a US Public Company: An Overview for the Acquirer

This guide summarizes certain considerations for a non-US acquirer considering an acquisition of a publicly traded US-based company in a negotiated (i.e., friendly) transaction.

In addition to market dynamics and business and financial considerations, acquiring a US public company involves a number of legal considerations, including US federal securities, competition, and other laws, as well as the laws of the US state in which the target company is incorporated. As over 50% of public companies are incorporated in the state of Delaware (Source: Delaware Secretary of State), this guide focuses on several key Delaware law provisions relevant to acquisitions of US public companies incorporated in that state.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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