Buying a business: asset deal or share deal?

When buying a business, is it preferable to acquire the assets of the target company (i.e. its business, in whole or in part) or the company itself (i.e. buying the majority or all its shares)? The practitioners’ jargon distinguishes between an asset deal and a share deal. Special attention should be paid as the consequences of these two methods may be significantly different from a legal, accounting, and fiscal point of view.

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