Unclaimed Property In M&A Deals: Unwelcome Surprises

Law360, New York (May 15, 2012, 12:21 PM EDT) -- As the economy continues to recover, an increase in M&A activity is expected. A target company’s historical compliance with unclaimed property laws is an important, but often overlooked, area for due diligence in M&A transactions.

A target company’s failure to comply with unclaimed property laws can potentially create multimillion dollar exposure for the buyer. The transaction itself may have the effect of drawing the attention of state unclaimed property regulators and third-party contingency fee auditors. There are various ways, as discussed below, for the buyer to...
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