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 West Virginia (WV), mergers and acquisitions (M&A) are governed by state statutes, particularly the West Virginia Business Corporation Act, as well as federal laws and regulations that may apply. An acquisition in WV typically involves one company, the acquirer, purchasing 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's operations. A merger, in contrast, is the process where two companies combine to form a new entity. This process is regulated by WV state law, which requires approval from the shareholders of the companies involved and the filing of certain documents with the West Virginia Secretary of State. Additionally, both mergers and acquisitions may be subject to antitrust scrutiny under federal law, and they must comply with securities regulations if the companies are publicly traded. It is advisable for companies to consult with an attorney to navigate the complex legal landscape of M&A to ensure compliance with all applicable laws and regulations.