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Monday, September 12, 2022 6:33:39 PM
A reverse triangular merger is the most common form of reverse merger. With this structure, the public shell company creates a subsidiary company( Secure Global Technologies) which then merges with the private company(Brahmarsk Corporation). Shareholders exchange their shares in the private company for those in the public company, and the private company is now a wholly owned subsidiary.
With a reverse triangular merger, it is usually easier to obtain consent from company shareholders because the new subsidiary company has only one shareholder: the public share company. Structuring a reverse merger in this way allows the public company to avoid the Securities Exchange Act's proxy requirements for mergers.
The SEC maintains multiple reporting requirements that apply to reverse mergers. Within four days after the reverse merger transaction is complete, the public company must file Form 10. The private company will not become a public company until they have done so.
Securities issued to shareholders of the private company should either register under the Securities Act or should use an exemption.
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