A financial holding company may not, without Board approval, directly or indirectly acquire
any additional shares, assets or ownership interests under this subpart or make any additional capital contribution to any company the shares, assets or ownership interests of which are held by the financial holding company under this subpart if the aggregate carrying value of all merchant banking investments held by the financial holding company under this subpart exceeds:
96-30),(69) but the distribution does not prevent such a takeover, the distributing corporation arguably can distribute the controlled corporation with no plan that another party would acquire
50 percent or more of the stock of the distributing or controlled corporation.
Helvering, both parties to the reorganization must seemingly be aware of the acquiring corporation's intent to acquire
control of the acquired corporation.
Generally, a transaction qualifies as a C reorganization if a corporation acquires
substantially all of the assets of a target solely in exchange for the acquiring corporation's voting stock (Sec.
Acquisition of T's assets: If a new corporation formed by P acquires
T's assets, Sec.
The proposed regulations make it clear that, if an acquiring corporation acquires
the target's stock for anything other than its own voting stock, such consideration is treated as money or other property exchanged for the target's assets, and the transaction will not qualify as a C reorganization unless the Sec.
1032, which provides that a corporation does not recognize gain or loss on the receipt of money or other property in exchange for its stock or rights to acquire
These same costs, however, if incurred to acquire
or create a new business, were required to be capitalized without amortization.
1989 - Rio Tinto Group acquires
Kennecott Utah Copper from British Petroleum
A foreign corporation acquires
(directly or indirectly) substantially all of the properties of a domestic corporation (or the trade or business of a domestic partnership);
When an organization acquires
another as an ongoing enterprise or two organizations merge to form a new entity, the responsibilities and liabilities of the old or acquired organization do not simply go away.