TenderOffer.co
Glossary

Minority squeeze-out

The forcible cash-out of remaining minority shareholders following a controlling acquisition — typically via short-form merger or §251(h).

Definition

A minority squeeze-out is the legal mechanism that converts the remaining public minority into cash after an acquirer gains control. Typical paths:

  • Short-form merger under Delaware §253 — available when controller owns ≥90%
  • Medium-form merger under Delaware §251(h) — immediately following a successful tender, no separate vote required
  • Long-form merger with shareholder vote — used when the above thresholds aren’t met

Minority protections

  • Appraisal rights — minorities who oppose the squeeze-out can demand judicial determination of “fair value”
  • Disclosure — Schedule 13E-3 filing required if the controller is taking the company private
  • Fiduciary duties — controlling parties owe entire-fairness duties unless MFW conditions are met

Why it matters

The squeeze-out is what completes the acquisition. Without it, a successful tender leaves the bidder with public-minority overhead and ongoing minority rights.

Related terms