Mergers and acquisitions (M&A) is the catch-all term used to refer to the different forms for transferring or consolidating ownership of businesses and assets. Although the terms merger and acquisition are used interchangeably, they have different legal meanings. When one company (the acquirer) purchases the stock, equity interests, or assets of another company, the transaction is called an acquisition. Sometimes an acquired company continues to operate independent of the acquirer, and sometimes the acquired company ceases to operate independently and is absorbed by the acquirer. Mergers, on the other hand, are generally the combination of two companies, and result in the formation of a new company.

In Georgia, mergers and acquisitions (M&A) are governed by state statutes, particularly the Georgia Business Corporation Code, as well as applicable federal laws and regulations. An acquisition in Georgia occurs when one company, the acquirer, purchases the stock, equity interests, or assets of another company. Depending on the terms of the acquisition, the acquired company may continue to operate independently, or it may be fully integrated into the acquiring company. A merger, in contrast, involves the combination of two companies into a new entity. Both processes require compliance with various legal requirements, including approval by the board of directors and shareholders of the involved companies, filing appropriate documents with the Georgia Secretary of State, and adhering to antitrust laws and other regulations to ensure fair competition. It is often advisable for companies to consult with an attorney to navigate the complex legal landscape of M&A transactions.