M&A Law Firm for the Bronx

Mergers & Acquisitions (M&A) Law Firm for the Bronx and Bronx County

The Bronx has a broad and diverse business base, including healthcare providers, retailers, social assistance organizations, restaurants and hospitality businesses, wholesale distributors, transportation and warehousing companies, food distribution businesses and cannabis businesses, supporting steady demand for mergers and acquisitions in the Bronx.

As these companies scale, restructure ownership, attract investors or plan exits, mergers and acquisitions in the Bronx increasingly become part of the strategic plan both in buying a business to fuel growth and selling your business for liquidity.

As a mergers and acquisitions law firm serving the Bronx and Bronx County, Kaufman McGowan PLLC advises buyers, sellers, founders, investors and management teams throughout the Bronx and Bronx County on mergers, acquisitions, business sales and related corporate transactions. We focus on practical deal structures, risk management and aligning terms with long-term business objectives for clients navigating M&A in the Bronx.

The Bronx is home to the Hunts Point Food Distribution Center, and most businesses in the borough are small. A New York State Comptroller economic snapshot of the Bronx found that 81 percent of Bronx businesses had fewer than 10 employees.

If you are preparing to navigate mergers and acquisitions in the Bronx, whether you’re looking to sell a business or acquire a business, we help clarify options and structure deals strategically.

See our Mergers & Acquisitions practice page for more information about our work, and Mergers & Acquisitions: How to Buy or Sell a Business from our blog for more information about M&A deals in Bronx County and beyond.

Kaufman McGowan PLLC also advises clients on mergers and acquisitions throughout Buffalo, Syracuse, Binghamton, Manhattan, Brooklyn, Queens, Rochester, Nassau County, Suffolk County, Albany, Columbia County, Orange County, Putnam County, Rensselaer County, Rockland County, Saratoga County, Schenectady County, Staten Island, Ulster County, and Westchester County. To see examples of our completed transactions, visit our Deal Tombstones page, or browse our full practice areas to see how we support Bronx businesses beyond M&A.

M&A Legal Services for the Bronx and Bronx County

Kaufman McGowan PLLC’s M&A legal services include, among other things:

• Selling a business
• Buying a business
• Business purchase and sale agreements or merger agreements
• Structuring asset vs. stock vs. merger transactions
• Letters of intent and deal negotiations
• Legal due diligence
• Escrows, holdbacks and earn-outs
• Founder, partner and shareholder transitions
• Investor and private equity participation
• Executive compensation and restrictive covenants
• Governance approvals and board process
• Closing logistics and post-closing support

Each transaction is approached with sensitivity to timing, leverage and commercial realities.

We regularly advise:

• owners approached by strategic or financial buyers
• businesses acquiring competitors, product lines or complementary businesses
• family-owned companies planning succession
• investors evaluating Bronx-based opportunities
• management teams reviewing proposed LOIs and deal terms

We also concentrate in:

• corporate & securities law
• private placements
• public offerings
• SEC regulation
• lending transactions
• licensing
• real estate
• executive compensation
• corporate governance
• business formation
• cannabis regulation
• cannabis license applications
• commercial contracts
• corporate structure and reorganizations
• investment funds & firms

Our Attorneys

Our mergers and acquisitions practice is led by corporate and securities attorneys with decades of deal experience. Learn more here: About our Attorneys.

For the Bronx and other downstate matters, representation is generally led by:

• Neil M. Kaufman
• Sean J. McGowan

Their experience helps ensure deals are structured clearly, negotiated effectively and aligned with business objectives.

Bronx transactions frequently involve counterparties, investors or operations elsewhere in the region, and Kaufman McGowan PLLC represents clients on both sides of that geography. We advise on deals throughout the five boroughs, Long Island and the Hudson Valley, including Manhattan and New York County, Brooklyn and Kings County, Queens, Staten Island and Westchester County. See our Mergers & Acquisitions practice page for more information about the full range of transactions we handle.

If you are planning a business sale, a business acquisition or an investor or private equity transaction in the Bronx / Bronx County, we are available to assist.

Contact us to schedule a consultation. We are available by phone at (631) 972-0042 or by contacting us here.

Frequently Asked Questions About M&A in the Bronx

Does Kaufman McGowan handle mergers and acquisitions for Bronx businesses?

Yes. Kaufman McGowan PLLC advises buyers, sellers, founders, investors and management teams in the Bronx and Bronx County on business sales, acquisitions, mergers and related corporate transactions. Our New York-based M&A attorneys perform due diligence, structure, negotiate and close deals, working from beginning to end on every aspect of the transaction.

Should I sell my Bronx business through an asset sale or a stock sale?

Generally, the seller prefers a stock sale and the buyer prefers to purchase assets, for tax reasons (if the seller is a C corporation) and liability reasons. In an asset sale by a C corporation, the corporation is taxed on the gain and shareholders are taxed again when the proceeds are distributed, while the buyer gets a stepped-up basis in the assets. In a stock sale, shareholders generally get capital gains treatment on the difference between their basis and the sale price. The right structure depends on the specifics of your deal.

Is a letter of intent binding when buying or selling a business in the Bronx?

A letter of intent is typically non-binding, except for certain specified provisions, such as clauses relating to no-shop, break fees, expenses and confidentiality. A letter of intent can be a binding contract if it addresses all material terms and does not include non-binding language. It should outline the basic terms of the transaction, and it will usually be signed before due diligence begins, but not always.

What happens during M&A due diligence?

Usually, the buyer does extensive due diligence on the seller, and the seller does only a little due diligence on the buyer. Buyer due diligence typically covers the business (operations, cash flow, liabilities, key employees, customers and suppliers), financial statements for at least three years and legal matters such as good standing certificates and UCC and judgment searches. If the seller is taking stock or notes as part of the purchase price, the seller should do more extensive due diligence on the buyer.

Who leads M&A matters for Bronx clients?

Representation for the Bronx and other downstate matters is generally led by Neil M. Kaufman, our managing partner and an approved Vistage speaker on mergers & acquisitions, and Sean J. McGowan. Both represent emerging growth, middle market and public companies and investment firms in merger and acquisition matters.