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 Nebraska, mergers and acquisitions (M&A) are governed by state statutes, particularly the Nebraska Model Business Corporation Act, as well as federal law. An acquisition occurs when one company takes over another, either by purchasing its stock, equity interests, or assets. Post-acquisition, the target company may continue to operate independently or may be integrated into the acquiring company. A merger, in contrast, is the fusion of two companies into a new entity. Nebraska law requires specific procedures to be followed for a merger or acquisition, including approval by the board of directors and, in many cases, the shareholders of the involved companies. Additionally, certain filings with the Nebraska Secretary of State are necessary to effectuate the transaction. It's important to note that M&A transactions may also be subject to federal regulations, such as antitrust laws enforced by the Federal Trade Commission and the Department of Justice, as well as securities laws overseen by the Securities and Exchange Commission.