Hi, How Can We Help You?

M&A, Deal Advisory & Commercial Transactions

Anant Merathia & Associates   →  practice area   →  M&A, Deal Advisory & Commercial Transactions

M&A, deal advisory & Commercial Transactions

The principal statutes governing M&A are the Indian Contract Act 1872 (Contract Act), the Companies Act 2013 (Companies Act), the Competition Act 2002 (Competition Act), the Foreign Exchange Management Act 1999 (FEMA), the Insolvency and Bankruptcy Code 2016 (Insolvency Code) and subsidiary legislations.

  • In India, notification of provision related to cross-border merger, investment and acquisitions is in consonance with the concept of ease of doing business but there remain few issues which need to be addressed for efficient transaction. Under the new cross border regime, the path to pursue group restructuring exercises and to make Indian companies more globally relevant and competitive is clearer than before.
  • Bringing into force a roadmap and structure to govern out bound mergers is indeed a welcome that provides regulatory inviolability to such transactions.  The objective should be to improve the accessibility of the companies in foreign market. The IBC regime in India has opened doors towards M&A activity, and AMA is substantially active in this area..
  • The firm has advised various clients in the Middle East and South-east Asian region for Indian companies and Foreign Companies. The firm caters to the needs of companies aiming at the “global village” platform wherein the presence of a company is widespread across the globe. The firm aids companies in obtaining necessary guidance from our various collaborations with foreign firms in assisting foreign as well as Indian clients.

CASES HANDLED

We at AMA have worked with specialists, consultants and our long-standing partners in M&A, deal advisory assignments of the following nature:

  • Advising and providing transaction support and legal advisory across industries and sectors. We have advised clients with commercial, strategic and regulatory issues in Indian and cross-border mergers and acquisitions, restructuring transactions, joint ventures, strategic alliances and other investment transactions through all stages of complex and high stake assignments.
  • In addition to our experience on the insolvency and bankruptcy process in India, we have also assisted clients with respect to distress asset sales and acquisitions, out of court restructuring and settlements, re-structuring and recovery of debts, refinancing loans, corporate restructuring, statutory insolvency, trade finance (direct lending and finance backed structures), fund/non-fund limits, conventional and structured trade finance for stressed assets.

SOME SPECIFIC MATTERS HANDLED:

  • Acquisition of a pharmaceutical unit in Africa by an Indian company involving setting up of holding and subsidy companies, transaction advisory relating to share subscription and shareholders agreements and assistance on negotiation of various legal issues including jurisdiction of dispute resolution.
  • Acquisition of a group of Indian dental clinics by a Singapore company; entire transaction advisory from term sheet, due diligence, acquisition related documentation and negotiation until formal completion and closure.
  • Acquisition of distressed assets by a fund from south-east Asian country to expand their presence in India. Advisory and assistance on entire transaction until closure.