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 New Hampshire, mergers and acquisitions (M&A) are governed by state statutes, particularly under the New Hampshire Revised Statutes Annotated (RSA), as well as applicable federal laws. An acquisition in New Hampshire occurs when one company takes over another, which may involve purchasing the target company's 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 a legal consolidation of two companies into a new entity. Both processes are subject to various legal requirements, including approval by the shareholders of the companies involved, compliance with antitrust laws, and filings with the New Hampshire Secretary of State. Additionally, depending on the size and nature of the transaction, federal regulations such as the Hart-Scott-Rodino Antitrust Improvements Act may require pre-merger notifications to the Federal Trade Commission and the Department of Justice. It is advisable for companies to consult with an attorney to navigate the complex legal landscape of M&A to ensure compliance with all relevant laws and regulations.