What is the difference between merger and acquisition in Nigeria?

Merger:

A merger occurs when two or more companies combine to form a single, new company. In a merger, the assets and liabilities of the merging companies are combined, and the shareholders of the merging companies become shareholders of the new company.

Acquisition:

An acquisition occurs when one company purchases the assets of another company. In an acquisition, the acquiring company does not merge with the target company, but instead becomes the owner of the target company's assets. The shareholders of the target company typically receive cash or stock in the acquiring company in exchange for their shares in the target company.

Key Differences:

- Ownership: In a merger, the two merging companies combine to form a new company, while in an acquisition, the acquiring company does not merge with the target company, but instead becomes the owner of the target company's assets.

- Approval Process: Mergers and acquisitions in Nigeria are subject to approval by the Securities and Exchange Commission (SEC). However, the approval process for mergers is typically more complex and time-consuming than the approval process for acquisitions. This is because mergers involve the combination of two or more companies, while acquisitions involve the purchase of one company by another.

- Tax Treatment: Mergers and acquisitions in Nigeria are also subject to tax implications. The tax treatment of mergers and acquisitions is complex and depends on a number of factors, including the structure of the transaction and the tax laws in effect at the time of the transaction.

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