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Bits of Law

Tax Declaration vs Land Title: What is the Difference?

How do you prove that the property you possess is indeed yours? Many people believe that having a tax declaration is more than enough proof, and that it has the same weight as a land title. This, however, is certainly not the case. What is the difference between the two? And do you truly own your property, or are you simply in possession of it? Here’s what you need to know.  But first: what is the difference between possession and ownership? Before we can discuss what a tax declaration and what a land title is, we must first clarify the definitions of the terms possession and ownership. These two terms highlight one of the core differences between the two documents – namely, how much authority each document provides. Legally speaking, possession and ownership have very different definitions, even if our everyday language frequently mixes them up together. When someone is in possession of a property, he or she is in a de facto relationship with it. This means that the relationship is based on the control that the person has over the property. It is not defined by the legal recognition of who actually owns the property; just because a person possesses a property does not mean that he or she is its legal owner. Because he/she does not truly own the property, he/she does not have the rights to do anything beyond using it for its intended use. He/she cannot sell, dispose, or destroy it. For example, someone can lease a vehicle, which grants him or her the right to use it. He/she is thus in possession of the vehicle. However, he/she is not the legal owner. Refusing to pay the due monthly payments may lead to the actual owners repossessing the vehicle. Meanwhile, ownership is a legal acknowledgment of the owner’s rights. As the true owner of the property, he/she is free to do anything to the property. He/she could also be in possession of it, granting him/her physical control over it. He/she can also allow another person to occupy it, use it, sell it, give it away, or destroy it. For example, say someone has ownership of a vehicle. As the true owner of the vehicle, he/she can do anything he/she wants to do with it. He/she can possess and use it, lease it to someone else, give it away, or destroy it. No one will be able to take the vehicle away from the owner, either. What is the difference between a tax declaration and a land title?  Now that we know the definitions of possession and ownership, we can properly distinguish the difference between a tax declaration and a land title.  A land title serves as proof of the right of ownership to a property and is the most indisputable way to prove such. Whoever’s name is written on the land title is considered the official owner of the land. It must be registered with the Register of Deeds of whichever municipality, city, or province where the land is located.  On the other hand, a tax declaration shows the assessed value of the property on which the real property tax is based on. It also serves as proof that the one currently in possession of the land is complying with his/her tax obligations. Because of this, the tax declaration also serves as sufficient proof that the person named therein has a claim over the property. However, this does not mean that it’s sufficient proof of ownership.  Someone who has a tax declaration of a property but not a land title does not have true ownership on said property. However, it does prove your rights to possess it. If there is no land title attached to a property, a holder of a tax declaration may have a shot at claiming ownership.

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What You Need to Know About the Anti-Photo and Video Voyeurism Act of 2009

We are living in the golden age of communication. Long-distance relationships and friendships are as easy as ever. Even seeing your loved ones’ faces is as easy as clicking a button whenever and wherever you want. However, these technological advances also come with their fair share of dangers. The possibility of someone taking photos and videos of you without your consent is unfortunately yet constantly present. Such repulsive acts are often the cause of various sex scandals. Republic Act No. 9995, or the “Anti-Photo and Video Voyeurism Act of 2009”, aims to deter people from committing the said acts. It also aims to punish people who have already committed the same. This article aims to break down R.A. No. 9995 for your ease of understanding. The Basics The Anti-Photo and Video Voyeurism Act of 2009 defines the parameters of photo or video voyeurism, prescribes the penalties for any perpetrators, and defines any exemptions and clauses included in the law. In the context of this Act, “photo or video voyeurism” is the act of taking photos or videos of anyone performing a sexual act or of their private areas without their consent. The person/s must have a reasonable expectation of privacy during the moment of capture, meaning that they have reason to believe that they did not have to be concerned about anyone taking photos or videos of them. Prohibited Acts Section 4 of R.A. No. 9995 clarifies which acts are prohibited and declared unlawful for any person: Note that these prohibitions do not apply if the person in the material had given his/her consent to create or distribute the photos, videos, or recordings. Penalties Anyone guilty perpetrators of the prohibited acts listed above must serve at least three (3) years but not more than seven (7) years of imprisonment, or pay a fine of at least One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos (P500,000.00), or both, at the discretion of the court. If the violator is a juridical person, such as a corporation or agency, its license or franchise shall be revoked. If a public officer, employee, or professional is guilty, he or she shall be administratively liable.  Exemptions There is only one situation in which a person does not have to face the consequences of this law. If the court has authorized a police officer to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism, then the court will not consider him or her guilty of committing the prohibited acts written in this law.  However, this is exception only applies if the written order is issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses/he or she may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or the solution or prevention of such, crime.

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RA No 11976: Act Introducing Administrative Tax Reforms

Republic Act No. 11976, also known as the Ease of Paying Taxes Act, is now effective as of January 22nd, 2024. This Act aims to improve efficiency in the tax administration system by providing solutions that will encourage taxpayers into complying with their tax obligations. Here are the highlights so that you can fully inform yourself on the improvements made to tax administration. The implementing rules and regulations of this Act will be released within 90 days from effectivity of the law, so we should be able to review them before April 21st, 2024.

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What You Need to Know About Articles of Incorporation

The articles of incorporation is one of the most important documents that you must create and submit to the SEC when creating a corporation. But what is it? How do you create one? And can you amend your Articles of Incorporation later on? Here’s what you need to know. What are articles of incorporation? The articles of incorporation is a set of documents that you must file with the SEC, or the Securities and Exchange Commission, to legally create a corporation. Once you have submitted it and all other requirements to the SEC, the SEC will issue the Certificate of Incorporation that serves as proof of the corporation’s existence as an artificial person created by law. The articles of incorporation contain all of the basic yet necessary information regarding the corporation. This includes: How can you amend the articles of incorporation? Any part of the articles of incorporation may be amended if it is agreed upon by a majority vote of the board of directors or trustees. It will also require the vote or written assent of the stockholders representing at least two-thirds (⅔) of the outstanding capital stock. This is in accordance with Section 15 of the revised Corporation Code. In order to make the amendments official and recognized, you must first submit the following requirements to the SEC: When preparing the amended articles of incorporation, one should include both the original and amended versions and underscore the changes made, followed by the date of the meeting approving said changes. The amendments shall only take effect once the Securities and Exchange Commission has given the corporation its approval. Said amendments can also take effect if it has been at least six (6) months since the date of filing and the Commission has not yet acted for a cause not attributable to the corporation.  Can articles of incorporation or amendment be disapproved? The SEC may disapprove articles of incorporation or any amendments made if it does not comply with the requirements of the Corporation Code. However, the SEC must tell the incorporators, directors, trustees, or officers the reason for disapproval. They must also give them ample time to modify the objectionable portions of the articles or amendments.  The following are grounds for disapproval of articles or amendment:

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How to Deal with Employee Abandonment

Everyone understands the process they must undergo if they want to leave their current place of employment: create a written letter of resignation and abide by the 30-day notice period. A large majority of employees understand this process and abide by it because of the severe consequences that come with job abandonment. Someone who abandons their employment will take a big hit to his or her reputation. But if someone decides to risk it and abandons his or her job, the employers must deal with the mess. How does one handle employee abandonment? Here’s what you need to know. What is the difference between AWOL and Abandonment? First, we must clearly define the difference between AWOL and abandonment. “AWOL” is short for “Absent without Leave”. It refers to any scenario wherein an employee misses work without properly informing or requesting leave from their employer.  An employee is only AWOL for as long as he or she either has a justifiable reason for the absence OR has no clear intent to sever the employer-employee relationship.  As the employer, it’s important to investigate the matter before writing off the employee as having abandoned their work. There are many justifiable reasons as to why an employee might go AWOL, such as a family emergency or health emergency. It is then up to your judgment whether or not to terminate the employee due to AWOL or allow them to keep working. However, if this is the case, employee abandonment would no longer be a valid reason for termination. Take note as well that in our jurisdiction, termination or dismissal based on just causes such as AWOL is considered as a “supreme penalty” for erring employees and may generally only be imposed upon the employee as a final measure.  On the other hand, an employee who abandons his or her job would act as if he or she is not part of the company at all.  What are the elements of abandonment? For an employee to be accused of job abandonment, two factors must be in play. Again, if the employee has a valid reason, there’s a chance that he or she has no intention to abandon his or her work. A personal emergency in which the employee is in no state to work is a good example of a valid reason. Instead, he or she must show an unjustified and deliberate refusal to work in his or her current workplace again. One can prove an employee’s intent to sever the employer-employee relationship through his or her overt acts. This act should clearly show the employee’s intent to never return to his or her job. An example of such an overt act is if the employee enters a new workplace without informing the company he or she had abandoned. Another example is if the employee ignores any attempts of communication through several different mediums from any member of the workplace. How do you process a termination for abandonment of work?  If you are going to terminate an employment for abandonment of work, you must be able to provide sufficient evidence. Before you even begin the termination process, do everything you can to contact your employee through all available means. Use whichever methods of communication that you have on file, such as their phone number, email address, employee communication channels, or written letter sent to their last recorded home address. You can also reach out to their emergency contact if all else fails. Make sure that you keep a log of all the times you attempted communication with the employee, including date, time, and medium of communication. If the employee ignores all of your attempts, you can use your logs as evidence of the employee’s unwillingness to continue working. These will support the just cause for the employer to terminate the employee due to abandonment. Section (b), Art. 297 of the Philippine Labor Code provides that an employee may be terminated due to gross and habitual neglect of his duties. Since you have already proven that such ground for termination exists, you must then follow due process requirements for terminating an employee for just causes, in accordance with the Philippine Labor Code. These steps are as follows:

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Knowing the Risks of Vehicles with an Open Deed of Sale

Are you thinking of buying a second hand car? Buying second hand is cheaper, better for the environment, and grants cheaper insurance costs. But if you’ve already started looking, you may have come across offers that repeatedly say the phrase “open deed of sale.” What is an open deed of sale, and why are so many people warning you against it? Here’s what you need to know. What is an open deed of sale? Before we can learn what an open deed of sale is, we must first know what a deed of sale is in the first place. You can think of a deed of sale as a receipt – it is a legal document proving that the purchase of a property between buyer and seller is complete. A deed of sale contains the information of both the seller and buyer, such as their full name, marital status, and address. If the property in question is a motor vehicle, then it should also contain details such as its make, model, color, body type, plate number, engine number, and selling price. Finally, both the buyer and seller must sign the document and have it notarized by a lawyer. This document becomes an open deed of sale if it lacks the buyer’s information and signature. This type of deed of sale is common among those in the motor vehicle buy and sell industry. Many of these resellers don’t want to deal with the hassle of registering the vehicle to their name if they’re going to sell it soon regardless, so they leave the deed of sale open to save time and effort. Why shouldn’t I buy or sell a vehicle with an open deed of sale? There is heavy risk that comes with buying or selling a vehicle with an open deed of sale. For one, these deeds are not legal. An open deed of sale does not comply with the requirements of the Land Transportation Office for transferring car ownership. It also cannot be notarized, and any lawyer who attempts to notarize an open deed of sale may face civil and criminal liability. There are also personal risks that both buyers and sellers will be subject to with the transaction. Buyers would have no way of knowing the vehicle’s history, such as whether it has had multiple changes of ownership before. In the worst case scenario, the buyer would not know if the vehicle has an unsavory history; it may actually be a stolen vehicle that is currently being searched for, or a vehicle that was involved in a major accident. The PNP has no way of knowing whether the current driver is part of the vehicle’s history or not. However, the fact that he or she is currently using that vehicle may be enough grounds to arrest him or her without explanation. Sellers are also putting themselves in a risky position. After all, their name is still on the deed of sale, which means they will be held liable for any major incidents that the vehicle may get into. They would also have to pay for any fines and penalties levied against them for any rule violations committed by the new owner of the vehicle. The seller could even face criminal charges if the vehicle becomes involved in an incident that gets someone injured or killed. When should I agree to an Open Deed of Sale? Despite all the risks, many people still buy or sell vehicles with an open deed of sale. Sellers may still prioritize the convenience of keeping deeds open, while buyers may find vehicles with open deeds of sale at low prices. It’s tempting to wave off the risks and take the plunge regardless. If you’re in need of a vehicle, finding one in the market with a completed and notarized deed of sale is still the best course of action. However, if you’re willing to take the risk, it’s best to only agree to a transaction with an open deed of sale if: You know the seller personally. One of the only times it’s safe to agree to a transaction with an open deed of sale is when you’re dealing with someone you already trust. If you know the seller personally, then you most likely know that he or she isn’t in any shady deals. You can also make sure that the vehicle is in good condition before buying it.

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What You Need to Know About Intellectual Property Offenses

In a previous article, we discussed intellectual property, how it protects creators, and the types that are available. Patents protect inventions and processes; copyrights protect literary, scientific, and artistic creations; and trademarks help identify your brand and help differentiate it from competitors. But how exactly is intellectual property law protecting these creations? What are the crimes against intellectual property and what are the appropriate punishments? Here’s what you need to know about intellectual property offenses so that you know exactly what to look for. Infringement Intellectual property infringement occurs when someone violates an intellectual property right. The offense differs depending on which type of intellectual property was violated: Copyright infringement occurs when an offender: Trademark infringement occurs when an offender: Patent infringement occurs when an offender: Unfair Competition Simply put, unfair competition occurs when the product of one party is passed off or attempted to be passed off as the product of another. Acts that are considered unfair competition include, but are not limited to:  A few factors must be present for an offense to be considered unfair competition. First, the offender must purposely give their product the general appearance of the other party’s product. Second, the general appearance must be shown in the product itself, the packaging, the device or words therein, or any other feature of the product’s appearance. Third, the offender must have either sold or attempted to sell their products, or have given other parties the opportunity to sell the products while fully knowing of the product’s deceitful nature. While infringement can be willful or accidental, there must be an intent to deceive for an offense to count as unfair competition. False Designation of Origin, False Description, Or False Representation False Designation of Origin, False Description, or False Representation is an offense committed against trademarks. It occurs when someone misrepresents a certain product using any word, term, name, symbol, device, or a combination of all four. This then causes the public to misinterpret the product’s affiliations, origins, sponsorships, nature, characteristics, qualities, geographic origins. Other ways this misrepresentation can occur is if someone states a false designation of origin, false or misleading description or fact, or false or misleading representation of fact.  Essentially, any grave misrepresentation of someone’s trademark can fall under this offense. If someone has falsely misrepresented your trade mark, you can file a criminal, civil, or administrative action. Anyone found guilty of infringement, unfair competition, false designation of origin, false description, or false representation will be subject to a range of penalties, depending on the severity and repeat offenses. The current range of penalties are as follows:

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How to Properly Close a Business

Sometimes, the best business move you can make is to close it entirely. This can be for a variety of reasons, such as low profits, health issues, or retirement. A business can also close due to entirely unforeseen circumstances. For example, many businesses in the Philippines closed down due to the Coronavirus pandemic. Whatever your reasons may be for wanting to close a business, it’s important to follow the proper procedure for doing so. Otherwise, you could face tax penalties or illegal dismissal cases. Properly closing a business doesn’t just mean stopping all operations; you have to make sure that said business is closed in the eyes of the law as well. Here’s what you need to do, one step at a time. Employee Termination While this may seem obvious at first glance, it’s crucial to remember that you have to properly terminate all employees you may have before doing anything else. If you don’t, there’s a chance that you’ll one day have to face an illegal dismissal lawsuit. Be sure to inform all employees and the Department of Labor and Employment (DOLE) at least thirty (30) days before the date of termination. All terminated employees would also be entitled to separation pay, unless the reason for closure is due to serious business losses. Once DOLE has been informed and your employees have been properly terminated, you can start the process of closing your business with the following key offices. Notice to Barangay First, you will need to inform your barangay to get a Barangay Certificate of Closure. This will be one of your requirements when finalizing the closure with the Mayor’s Office later on.  To do this, you’ll first need to write a letter of request for retirement or closure of business. When writing this letter, make sure to include important information such as the registered business name, the date of registration with the government, and your business permit number. Then, state your reasons for closing your business and your proposed date of closure. Finally, include a declaration saying that your business has no outstanding obligation or liability with the barangay. Once your letter has been processed, you will receive your Barangay Certificate of Closure. Notice to the City Hall / Mayor’s Office Once you’ve received your Barangay Certificate, you can move onto completing your requirements with the City Hall, or whichever Local Government Unit (LGU) that has authority over the business. Here, you will obtain your City Hall closure certificate, which is necessary later on with the Bureau of Internal Revenue. However, note that some requirements may differ depending on whether your business is a sole proprietorship, partnership, or corporation.  Requirements can vary depending on which LGU you have to go to, so it’s best to double check with the appropriate authorities first. The requirements you must prepare include, but are not limited to: Once the City Hall has processed your closure, you will receive a City / Municipal Hall Certificate of Closure. Notice to the Bureau of Internal Revenue Closing your business without canceling your BIR registration means you will have to continue paying taxes for a business that is no longer active. You might even have to deal with penalties and interests, draining your money even further. Thus, it’s important to cancel your BIR registration as soon as you receive your City / Municipal Hall Certificate of Closure. The documents you must submit include: You will receive a BIR Tax Clearance Certificate once your BIR registration has been officially canceled. This document will prove that you have closed your business at the BIR and have settled all liabilities.  Notice to the Securities and Exchange Commission Next, you’ll need a Certificate of Dissolution from the Securities and Exchange Commission. However, this is only applicable if your business is a partnership or a corporation. If your business is a sole proprietorship, you can skip this step. To secure a Certificate of Dissolution, be sure to prepare the following documents: Notice to the Department of Trade or Industry  On the other hand, if your business is a sole proprietorship, you don’t have to go to the SEC. Instead, you need to cancel your business registration with the Department of Trade or Industry. Luckily, you do not have to prepare as many documents when canceling your business registration with the DTI. You only need to submit the following: SSS, Philhealth, and Pag-Ibig Finally, be sure to inform SSS, Philhealth, and Pag-IBIG of your business closure so that your business is cleared of any government regulatory obligations. Otherwise, these three agencies will assume that the business is still active and that it has stopped paying its remittances. This could lead to unnecessary fees years down the line. Once all of your obligations with the government are taken care of, it’s time to announce the closure of your business so that your consumer base knows what’s going on. After that, it’s only a matter of tying up loose ends and being able to say a proper farewell to your company before its official date of closure.

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All You Need to Know About Remedies for VAWC Survivors

Are you a survivor of violence against women and children, or VAWC? VAWC is an incredibly prevalent problem in the Philippines. In fact, it’s likely that you or one of your loved ones already know a victim of VAWC. According to the Department of Health (DOH) Central Luzon Center for Health and Development (CLCHD), there were 629 reported cases of VAWC in 2022. Many more cases remain unreported. The National Demographic and Health Survey (NDHS) also reported that 17.5% of Filipino women aged 15-49 have experienced some form of physical, sexual, or emotional violence from their partners in 2022. Remedies for VAWC survivors are necessary for victim-survivors to begin rebuilding their lives. Thankfully,​ Republic Act No. 9262 or the “Anti-Violence Against Women and Their Children Act of 2004” has implemented legal remedies for victims so that they may seek justice for the wrong done unto them. These remedies can also be the means for the victims to claim support from the perpetrators as they move forward with their lives after the abuse. This article aims to explore the available remedies for VAWC survivors so they can decide which is best for them. Criminal Charges One of the first things a victim-survivor of VAWC should do is to file a case as soon as possible. This can give her peace of mind and allow her access to other remedies that are available to her. VAWC encompasses a large number of crimes and forms of abuse that a victim-survivor can endure. The forms of violence that can be prosecuted under VAWC are physical violence, sexual violence, emotional violence, psychological violence, and economic abuse. The following must be proven in order to successfully prosecute a crime under VAWC: Battered Woman Syndrome “Battered Woman Syndrome” is a scientifically defined pattern of psychological and behavioral symptoms found in women who have suffered cumulative abuse from their partners. If a victim of VAWC is proven to be suffering from battered woman syndrome by an expert psychiatrist or psychologist, she may use it as a justification for her acts if she is accused of committing a crime in the name of self-defense.  For example, say that a victim-survivor of VAWC killed her husband as a means to escape from his extreme abuse. She still would not incur any criminal or civil liability in court, even after being found guilty of killing her husband. This is because the law deems any act committed by a victim-survivor with Battered Woman Syndrome to be justified. The victim-survivor’s state of mind at the time would render her terrified of imminent harm from her abuser. She honestly believed that it was necessary for her to kill him to save her own life. Protection Orders A protection order prevents further acts of violence from the perpetrator against his or her victim. It also grants the victim other forms of necessary relief to help her rebuild her life. There are three types of protection orders available for victims: the Barangay Protection Order (BPO), the Temporary Protection Order (TPO), and the Permanent Protection Order (PPO). BPOs are effective for fifteen days. They are issued by the Punong Barangay ordering the perpetrator to desist from committing further acts of violence. Within twenty-four (24) hours after a BPO is issued, barangay officials shall assist the victim-survivor/petitioner in filing for an application for a TPO with the nearest court in the place of residence of the victim-survivor. TPOs are issued by the court, but are only effective for thirty days. Prior to or on the date of the expiration of the TPO, the same court that issued it shall schedule a hearing on the issuance of a PPO. A PPO may be issued by the court after a notice and hearing. Note that there are various factors to consider during the hearing on the issuance of a PPO. These protection orders can prohibit the perpetrator from harming or communicating with the victim. It also removes the perpetrator from the victim’s home and directs the perpetrator to stay away from the victim up to a certain distance specified by the court. Custody of Children A woman victim of violence is always entitled to the custody of any children she and the perpetrator may have. This applies even if the woman is suffering from Battered Woman Syndrome. On the other hand, the perpetrator would most likely lose his/her custody of their children. He/she will not be allowed custody under any circumstances if the victim is suffering from Battered Woman Syndrome. In addition, minor children below seven (7) years old with mental or physical disabilities are immediately given to the mother. This is unless the court finds compelling reasons to order otherwise. Damages Any victim of violence under VAWC is entitled to actual, compensatory, moral, and exemplary damages. This could include, but is not limited to, property damages, medical expenses, childcare expenses, and loss of income. The remedies provided under Republic Act No. 9262 are meant to give power back to the victim. This is so she is able to better rebuild her life after such a traumatic experience.

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Everything You Need to Know About Mergers and Acquisitions

Have you ever heard of mergers and acquisitions? Many new people in the business world often misunderstand this term and what it entails. Others may only have a surface-deep level understanding. Simply put, mergers and acquisitions is the general term describing the process of combining two business entities into one.  Here’s what you need to know. What is the difference between mergers and acquisitions? Mergers and acquisitions, or M&A, is the umbrella term for the consolidation of two companies. However, there is still a difference between a merger and an acquisition. These two terms, when used on their own, are not interchangeable. A merger occurs when two businesses combine into a new, third legal entity. On the other hand, an acquisition occurs when a company purchases and absorbs another company.  A merger usually occurs between two entities of roughly the same size. There is an amicable relationship between the two companies, and their respective CEOs must agree that this is the best strategic move for both sides. The companies may either choose a new name for their new company or continue using one of the existing company names. Both companies also have to surrender their old stock, as new stock must be issued under the name of the new business entity. This is why it’s important to ensure that both companies completely agree with the merger. On the other hand, acquisitions occur when one company absorbs another. It can be a friendly takeover, which is the case if the acquired company agrees with and is willing to undergo the acquisition. If the acquired company did not want to be bought, however, the acquisition is then referred to as an unfriendly or hostile takeover. The acquiring company keeps its name as it absorbs the acquired company, which will cease to exist under its own name. The acquiring company would also own any previously owned assets of the acquired company. What are the advantages and disadvantages of mergers and acquisitions? M&A is a major decision a company shouldn’t take lightly. It’s important to be intimately aware of its advantages and disadvantages before you commit your company to a M&A transaction. Here are some of the pros and cons of M&A before you commit. The advantages of M&A: The disadvantages of M&A: We hope that you keep this information in mind as you determine the best strategic move for your company. We wish you luck on your business endeavors!

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