De Facto Merger in Texas: Reports of Its Death Have Been Greatly Exaggerated

This comment examines three issues of Texas de facto merger law. First, whether the Texas Legislature's 1979 amendment to Article 5.10 of the Texas Business Corporations Act was intended to eliminate the de facto merger doctrine, regardless of how closely a transaction resembles a merger. Second, whether the 1987 and 1991 amendments to Article 5.10 are additional evidence of a legislative intent to eliminate the de facto merger doctrine. And, if so, whether it was sound public policy to completely eliminate the de facto merger doctrine.