Mergers & Acquisitions

Merline & Meacham’s mergers and acquisitions attorneys guide clients in Greenville and Columbia through each phase of a business transaction, from early planning to post-closing integration. 

Why Choose Us for Your M&A Needs

Longstanding Regional Trust

For over half a century, our firm has served the Upstate and Midlands regions from our offices in Greenville and Columbia, delivering nuanced, local expertise.

Premier Recognition in M&A Law

Our practice is consistently ranked Tier 1 in Mergers & Acquisitions Law in Greenville by Best Law Firms—an independent acknowledgment of our superior legal services in this area.

Award-Winning Leadership

Robert E. August, recognized for his excellence in Mergers & Acquisitions, was named to the 2025 South Carolina Super Lawyers list.

Our Process

Planning and Deal Structuring

Sellers and buyers refine transaction goals, evaluate risk, and determine whether an asset sale, stock purchase, or statutory merger best aligns with operational, financial, and tax objectives.

Letter of Intent (Term Sheet)

Parties execute a non-binding letter of intent outlining key terms. Counsel ensures confidentiality, exclusivity, and contingencies are clearly defined to support the subsequent negotiation process.

Due Diligence

Buyers evaluate the target company’s legal, financial, and operational condition. This review typically covers contracts, personnel matters, leases, intellectual property, compliance issues, and financial records. Merline & Meacham assists with preparation of disclosure schedules and issue-spotting.

Drafting and Negotiation of Transaction Documents

Primary documents may include purchase agreements, escrow arrangements, employment agreements, and corporate resolutions. Attorneys negotiate representations and warranties, indemnification terms, closing conditions, and post-closing obligations.

Closing the Transaction

At closing, funds are transferred, documents are executed, and corporate approvals, lien releases, consents, and required filings are completed.

Post-Closing Integration

Merline & Meacham provides support with tax elections, employment transitions, entity restructuring, contract assignments, and related post-closing needs.

South Carolina Mergers and Acquisitions Laws and Court Decisions

Several South Carolina statutes and court decisions guide the structure and execution of mergers and acquisitions:

S.C. Code Ann. § 33-11-101 et seq.

— Governs mergers and share exchanges, including requirements for board action, shareholder approval, and notice.

Brown v. American Railway Express Co., 128 S.C. 428 (1924)

— Establishes that a successor corporation is generally not liable for a predecessor’s debts following an asset purchase.

S.C. Code Ann. § 33-13-101 et seq.

— Provides dissenters’ rights, allowing shareholders to seek fair value in certain transactions.

Simmons v. Mark Lift Industries, Inc., 366 S.C. 308 (2005)

— Reaffirms that the “mere continuation” exception to successor non-liability requires significant continuity of ownership.

These authorities inform transaction structures, risk allocation, and successor liability considerations.

Five Common Issues Business Owners Overlook in M&A Transactions

Since Merline & Meacham’s founding in 1970, the firm has advised clients across South Carolina on complex transactions. These are recurring issues business owners often underestimate:

Non-Compete and Restrictive Covenant Requirements

South Carolina courts carefully evaluate scope and duration. Agreements must be drafted with attention to enforceability and current legal standards.

Treating Letters of Intent as Binding

Most letters of intent are non-binding except for confidentiality and exclusivity provisions. Misinterpreting LOI terms can lead to misunderstandings or disputes.

Insufficient Post-Closing Transition Planning

Operational continuity, employee retention, and communication strategies should be addressed early. Closing documents often incorporate employment and compliance provisions that require careful coordination.

Overlooking Tax Implications of Deal Structure

Tax consequences differ significantly between asset and stock transactions. Treatment of depreciation, gain recognition, and transfer taxes should be evaluated at the planning stage.

Failing to Review Key Contracts for Change-of-Control Provisions

Speak With a South Carolina Mergers and Acquisitions Attorney

If you are considering selling, acquiring, or restructuring a business in Greenville or Columbia, Merline & Meacham can provide guidance throughout each stage of the transaction. The firm brings decades of experience assisting business owners with complex corporate transitions.