mergers and acquisitions

Conundrum on Merger between Company and LLP

Income Tax - The concept of LLP in India was introduced off late in 2008 by enacting the LLP Act, 2008 thereby allowing businesses to be registered as a new and hybrid structure. It was anticipated at that time that many corporate houses would consider LLP as a vehicle to run their business operations, mainly due to lower […]...

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Hostile Takeover Defences

Income Tax - Legislature in India is doing a decent job of protecting the companies from hostile takeovers. The government of India since the Swaraj case has been very diligent and meticulous. Takeover code is also being updated from time to time and all the amendments have been in the right direction....

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Compromises, Arrangements & Amalgamations: A Detailed Analysis

Income Tax - Section 230: Power to Compromise or Make Arrangements with Creditors and Members Section 231: Power of Tribunal to Enforce Compromise or Arrangement Section 232: Merger and Amalgamation of Companies Section 233: Merger or Amalgamation of Certain Companies Section 234: Merger or Amalgamation of Company with Foreign Company  Section 235: P...

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Basics of Mergers and Acquisitions

Income Tax - Background In recent years Mergers & Acquisitions have been continuously happening in corporate space. Research suggests that global M&A activity has seen a tremendous growth in the last 10 years. In terms of overall value and number of deals, FY19 stood at almost $ 3500bn across 2000 transactions vis-a-vis FY09 with merely $ 1750...

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Calculation of Fair Value in a Merger

Income Tax - What Is a Merger? The term ‘merger’ is not defined under the Companies Act, 1956, and under Income Tax Act, 1961. However, the Companies Act, 2013 without strictly defining the term explains the concept. A ‘merger’ is a combination of two or more entities into one; the desired effect being not just the accumulation of […]...

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FinMin likely to finalise proposed changes in takeover code on mergers and acquisitions

Income Tax - Finance Ministry is likely to finalise the proposed changes in the takeover code on mergers and acquisitions after a meeting with industry and other stakeholders tomorrow. The Takeover Regulations Advisory Committee chaired by Chief Economic Advisor Kaushik Basu will discuss the amendments in the code as proposed by the C Achuthan headed ...

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Sebi unlikely to accept proposal to lift the size of mandatory open offer arising from mergers and acquisitions to 100

Income Tax - The Securities and Exchange Board (Sebi) of India is unlikely to accept a proposal to lift the size of mandatory open offer arising from mergers and acquisitions to 100 per cent from 20 per cent. A panel set up by the Sebi had proposed changes to tak...

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Government may simplify mergers and acquisitions process

Income Tax - Merger procedures may soon become easier for India Inc. The Government is planning to come up with an ordinance to do away with the process of sanction by the Competition Commission of India (CCI) for small-ticket mergers and acquisitions. The ordinance will also ensure that the CCI takes a decision on an M&A application within 180 days, ...

Read More

FM proposes stamp duty on mergers and acquisitions

Income Tax - Companies may have to pay stamp duty on mergers and acquisitions in states like West Bengal, which do not have their own Act in this regard. This will happen if the Finance Ministry''s suggestions on amendments to the over-a-century-old Indian Stamp Act are implemented without any change....

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No provision under the Companies Act, 1956 for merger of Indian companies with foreign companies

Income Tax - The Minister of Corporate Affairs, Shri Salman Khurshid has said that there is no provision under the Companies Act, 1956 for merger of Indian companies with foreign companies. However, a foreign company may merge with an Indian company. Giving this information in written reply to a question in the Rajya Sabha on merger of companies, Shri...

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Set off of Brought Forward Losses of Merged Division in Revised Return allowed by ITAT

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court) - ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court) The issue under consideration is whether the set off of brought forward losses and unabsorbed depreciation of merged division in revised return is justified in law?  In present case, the assessee Company had filed the original return...

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Deemed demerger of Company ceased to be public sector company

Notification No. 93/2016-Income Tax - (14/10/2016) - Reconstruction or splitting up of a company which ceased to be a public sector company as a result of transfer of its shares by Central Govt into separate companies, shall be deemed to be a demerger if following conditions are fulfilled...

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Govt. proposes merger of NSEL with FTIL

NA - The Central Government proposes to issue the following Order (presently in the Draft form) causing Amalgamation of National Spot Exchange Limited with its Holding Company Financial Technologies (India) Limited...

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Recent Posts in "mergers and acquisitions"

Conundrum on Merger between Company and LLP

The concept of LLP in India was introduced off late in 2008 by enacting the LLP Act, 2008 thereby allowing businesses to be registered as a new and hybrid structure. It was anticipated at that time that many corporate houses would consider LLP as a vehicle to run their business operations, mainly due to lower […]...

Read More
Posted Under: Corporate Law |

Hostile Takeover Defences

Legislature in India is doing a decent job of protecting the companies from hostile takeovers. The government of India since the Swaraj case has been very diligent and meticulous. Takeover code is also being updated from time to time and all the amendments have been in the right direction....

Read More
Posted Under: Corporate Law |

Compromises, Arrangements & Amalgamations: A Detailed Analysis

Section 230: Power to Compromise or Make Arrangements with Creditors and Members Section 231: Power of Tribunal to Enforce Compromise or Arrangement Section 232: Merger and Amalgamation of Companies Section 233: Merger or Amalgamation of Certain Companies Section 234: Merger or Amalgamation of Company with Foreign Company  Section 235: P...

Read More
Posted Under: Corporate Law |

Basics of Mergers and Acquisitions

Background In recent years Mergers & Acquisitions have been continuously happening in corporate space. Research suggests that global M&A activity has seen a tremendous growth in the last 10 years. In terms of overall value and number of deals, FY19 stood at almost $ 3500bn across 2000 transactions vis-a-vis FY09 with merely $ 1750...

Read More
Posted Under: Corporate Law |

Calculation of Fair Value in a Merger

What Is a Merger? The term ‘merger’ is not defined under the Companies Act, 1956, and under Income Tax Act, 1961. However, the Companies Act, 2013 without strictly defining the term explains the concept. A ‘merger’ is a combination of two or more entities into one; the desired effect being not just the accumulation of […]...

Read More
Posted Under: Corporate Law |

Fast Track Merger | Section 233 | Companies Act 2013 | FAQs

Fast Track Merger Fast Track Merger Scheme was Introduced under Section 233 of the Companies Act 2013, read with Rule 25 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. This article explains the procedure connected with fast track merger by exploring the various facets of the initiative. To develop the value ge...

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Posted Under: Corporate Law |

Merger of Partnership Firm with Company through scheme of Merger/Amalgamation

The following question arose for consideration before Ahemdabad Bench of National Company Law Tribunal (NCLT), in a recent case Kediya Ceramics [IA No. 254/NCLT/AHM/2017 in CA(CAA) No. 95/NCLT/AHM/2017]  Whether a registered partnership firm, being a body corporate, can be treated as a company for the purpose of section 230-232 of the Co...

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Posted Under: Corporate Law |

Cross Border Merger – Meaning, Types, Procedure & Main Rules & Regulation

Cross Border Mergers Cross border mergers are increasing significantly with the shrinking of the globe. Moreover, India is gradually climbing the ease of business rankings and is becoming a favored business destination. Such a Conducive economic environment has spurred the growth of cross border mergers. MEANING OF CROSS BRODER MERGER &am...

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Posted Under: Corporate Law |

Fast Track Mergers – With all aspects, procedure & difficulties

Fast Track Mergers The introduction of the concept of fast track mergers or FTMs has led to a significant change in the M&A landscape. Prior to the introduction of FTM vide section 233 and Rule 25 of Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 there was one unified merger process for all companies. This process...

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Posted Under: Corporate Law |

Provisions of Fast Track Merger Under Companies Act, 2013

> APPLICABLE PROVISIONS UNDER COMPANIES ACT, 2013:  – Section 233 – Rule 25 of The Companies (Compromises, Arrangements and Amalgamations) Rules, 2016  > FAST TRACK MERGER CAN BE PROPOSED BETWEEN:  – Holding Company and its wholly owned subsidiary company – Merger between two or more small companies –...

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Posted Under: Corporate Law |

Set off of Brought Forward Losses of Merged Division in Revised Return allowed by ITAT

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court)

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court) The issue under consideration is whether the set off of brought forward losses and unabsorbed depreciation of merged division in revised return is justified in law?  In present case, the assessee Company had filed the original return of income on 28.09.2010 showing total i...

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Merger – Meaning and Checklist

Today, Here I will discuss the emerging and upfront topic of The Companies Act, 2013 – ‘MERGER’. So, let us go through each aspect of the merger i.e, from meaning, categories, to checklist & whole procedure. What Is a Merger? A merger is an agreement that unites two existing companies into one new company. There [&he...

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Posted Under: Corporate Law |

Provisions of Takeover code and recent changes

Introduction The concept of takeover is quite old but in India it began in the 20th century. The first effort to takeover was a failed one in the country. The first take over was of the companies Escorts Ltd. and DCM Ltd. It was however a failed one because there were not any rules and […]...

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Posted Under: Corporate Law |

Corporate Restructuring- A measure to Outlast Ongoing Economic Distress

Economies across the globe are under distress due to the COVID-19 pandemic and have brought more than 35% business organisations in India at the verge of its closure. To combat the ongoing circumstances many business organisations have planned to curb down their cost of operations by way of retrenching their employees. This strategy of re...

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Posted Under: Corporate Law |

Tax bumps in M&A trajectory

On the tax front, the laws of most countries have provisions that deal with the taxation of different forms of M&A transactions and provide exemptions where deemed appropriate....

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Posted Under: Corporate Law |

Mergers & Acquisitions: Conjectures & Reality Amid COVID-19

One of the sectors bearing the impact of the current crisis (Covid-19) is Mergers and Acquisitions. Worldwide, Mergers and Acquisitions have been at the forefront, taking the worst hit due to economic slowdown....

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Posted Under: Corporate Law |

Procedural Road map for Merger under Companies Act, 2013

Article explains Procedural Road map for Merger which includes Steps to be taken for Merger of Companies under Companies Act, 2013 and ROC Forms which are required to be submitted. Article also explain What scheme of Compromise or Arrangement (C&A) shall contain, What Direction of the Tribunal under Section 230(1) read with Rule-5 for...

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Posted Under: Corporate Law |

Unraveling the Complexities of Unabsorbed Depreciation in a World of Mergers

Unabsorbed depreciation is the excess amount of unaccounted depreciation that cannot be adjusted in the current year due to lack of profits in the profit and loss account. This unabsorbed amount can be set-off against other heads of income and is carried forward for adjustments in the forthcoming years. It can be carried forward perpetual...

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Posted Under: Corporate Law |

Fast Track Mergers of Smaller Companies

Merger and Amalgamation of companies will bring diversification and expansion of their business, it may also lift a company from inscribed losses in the past. The tedious and time-galloping procedure of merging of two companies of The Companies Act,1956 has been simplified with a fast track merger under Companies Act 2013. Fast track merg...

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Posted Under: Corporate Law |

Corporate Mergers- Detailed Analysis

Article explains Meaning Of Corporate Mergers, What Do You Understand By Mergers, Difference between Merger and Acquisition, Reasons For Failures Of Mergers, Bank Mergers and Acquisitions: A Common Phenomenon, Amalgamations Provisions Income Tax Act 1961, Types of Corporate Mergers, Legal Procedure For Corporate Mergers and Benefits Of Co...

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Posted Under: Corporate Law |

Reverse Merger in India

Seeing the importance Reverse Mergers are getting in recent years, it is clear that in the time to come, it would become one of the most preferred methods of public listing all over the world. Both developed and developing countries are realizing that reducing time and cost are the best ways for companies to gain a competitive advantage o...

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Posted Under: Corporate Law |

Demerger: Alignment of tax neutrality with Ind-AS requirements

Currently, the provisions of section 2(19AA) of the Income-tax Act, 1961 (Act) define demerger in relation to companies, as a means of transfer undertaken pursuant to a Scheme of Arrangement under sections 230 to 232 of the Companies Act, 2013...

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Posted Under: Corporate Law |

Budget 2019-Sitharaman’s Sixer?

Apart from the ongoing World Cup fever, another thing that made headlines was the much-awaited maiden budget of Finance Minister Nirmala Sitharaman. There were huge expectations from the Government to bring in measures to boost mergers and acquisitions (MnA) and restructuring activities in our country. This article summarises the key amen...

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Posted Under: Corporate Law |

Demerger of Ind-AS compliant companies- Requirement of recording property & liabilities at book value relaxed

One of the existing conditions for tax-neutral demergers is that the resulting company should record the property and the liabilities of the undertaking at the value appearing in the books of accounts of the demerged company. It has been represented that Indian Accounting Standards (Ind-AS) compliant companies are required to record the p...

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Posted Under: Corporate Law |

Budget 2019 –M&A impact

Budget 2019 has brought in amendments to the rules governing M&A transactions from a tax perspective - this article provides highlights of proposed changes....

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Forced Merger in the history of India – Classic example of Limited Liability of a Company

The Supreme Court recently set aside order of compulsory and forced merger between 63 Moons Technologies Ltd (Formerly known as Financial Technologies India Ltd FTIL) and its subsidiary National Spot Exchange of India Ltd (NSEL). It was the first time in history that Govt. invoked Section 396, for non-government companies, which provides...

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Posted Under: Corporate Law |

A Critical Analysis of Cross-Border Mergers and Acquisitions in a Global and Regional Perspective

Abstract: The Globalisation of business over the past decades has spawned a search for competitive advantage that is worldwide in scale. Companies have followed their customers who are going global themselves as they respond to the pressures of obtaining scale in a rapidly consolidating global economy. In a combination with other trends, ...

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Posted Under: Corporate Law |

Understanding the Term Merger and Acquisition

Merger and Acquisition in simple words are defined as a process of combining two or more Organizations together. There is a thin line of difference between the two terms but the impact of Combination is completely different in both the cases. Some Organization Prefer to grow through Merger. Merger is considered to be a process […]...

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Posted Under: Corporate Law |

Due Diligence in Mergers and Acquisitions Transations

1. What is Due Diligence? Due diligence refers to the process of investigation or audit of a deal or investment opportunity which helps a buyer with an assurance of what they are buying. It basically refers to the process of investigating any business or person before signing a contract. 2. Why is Due Diligence Important […]...

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Posted Under: Corporate Law |

NBFCs – Mergers and Demergers

A Non-Banking Financial Company (NBFC) is a company which is registered under the Companies Act, 1956 /2013. An NBFC is engaged in the business of loans and advances, investment share, assets financing, debenture or other marketable securities, leasing, hire-purchase and insurance business....

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Posted Under: Corporate Law |

Procedural Aspects of Fast Track Merger

Introduction Merger and amalgamation are restructuring tool which helps companies in expansion and diversification of their business and to achieve their underlying objectives. Merger means an arrangement whereby one or more existing companies merge their identity into another to form a new entity which may or may not be one of those exis...

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Posted Under: Corporate Law |

Post Merger Adaptation – A significant element to successful deal

Mergers and acquisitions are used for improving the competitiveness of companies and gaining an advantage over other firms by gaining greater market share, broadening the portfolio to reduce business risk, entering new markets and geographic spread, and capitalizing on economies of scale....

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Posted Under: Corporate Law |

A framework for restructuring a Limited Liability Partnership

After the introduction of the Limited Liability Partnership Act, 2008 (LLP Act), it was anticipated that many corporate houses would consider Limited Liability Partnership (LLP) as a vehicle to run their business operations, mainly due to lower administrative compliances and ease of repatriation of profits to its partners. ...

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Posted Under: Corporate Law |

Brief note on tax implication on Amalgamation

When there is amalgamation, the accumulated losses and unabsorbed depreciation of the amalgamating company shall be deemed to be loss or, as the case may be, allowance for the unabsorbed depreciation of the amalgamated company for the previous year in which the amalgamation was effected....

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Posted Under: Corporate Law |

Best and Worst of Mergers and Acquisitions

Every corporate, structure themselves to attain utmost profit. In order to ensure the same they will stay focused, consistent and professionalized. In addition to this the process of Mergers and Acquisition play a significant role in enhancement of profit margin. ...

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Posted Under: Corporate Law |

Section 79 and its implications on global and domestic transactions/ restructuring

As per section 79 of the Act, in case of a change in shareholding of a company, other than a company in which the public is substantially interested, no loss incurred in any previous year is allowed to be carried forward and set-off, unless shares carrying not less than 51% of the voting power are beneficially held by persons who also hel...

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Posted Under: Corporate Law |

Platform deals – a tax perspective

India has recently seen a growing preference among investors to invest in platform deals. When investors want to play big and have a long-term strategy, they create platforms to invest in sizeable assets in the same sector, rather than investing in individual assets....

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13 FAQ’s On Merger and Amalgamation

Which companies are allowed to merge? Companies Act, 2013 does not prescribe any eligibility requirements of companies for the merger. However, it prescribes several questions which will be answered in further lines. ...

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Posted Under: Corporate Law |

Mergers & Acquisitions Consulting

Merger and Acquisition is the basic term which refers to the consolidation of assets or companies. It consists of different types of transactions such as mergers, acquisition, consolidations, purchase of assets and management acquisition etc....

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Posted Under: Corporate Law |

Migration from LLP to Company structure

The article discusses the need for business to be conducted through LLP, the need to migrate from LLP to Company structure, various ways for migration from LLP to Company structure and issues revolving around it. ...

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Posted Under: Corporate Law |

Cross Border Mergers – Tax Aspects

Earmarking another landmark step in corporate history, on 13 April, 2017, the Ministry of Corporate Affairs (MCA) brought into force the relevant corporate law provisions dealing with cross-border mergers and amalgamations. These new provisions bring global economies closer and open a host of opportunities by facilitating global acquisiti...

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Posted Under: Corporate Law |

Mergers and Acquisitions- The Evolving Indian Landscape

The year 2016 has witnessed some largest FDI transaction in India, indicating the global confidence in Indian markets and this trend is certainly to continue. Needless to mention, the boost these transactions have given to the Indian M&A landscape is eminent....

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Posted Under: Corporate Law |

General Procedure for Amalgamation under Companies Act 2013

Mergers and amalgamations are vital corporate transactions and completely overhaul and transform the structure of the merging entities. A ‘merger’ is a combination of two or more entities into one; the desired effect being not just the accumulation of assets and liabilities of the distinct entities, but organization of such entity int...

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Posted Under: Corporate Law |

Checklist for Post Merger legal Compliances

COMPANY LAW > Call Board meeting for adopting merger order > And Authorizing director to file the same with ROC. > Call an Extra Ordinary General Meeting and inform details about merger like allotment of shares, change in object clause and etc....

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Posted Under: Corporate Law |

Fast Track Merger under Companies Act, 2013 possible now

Now there no need to take NCLT approval for prescribed Merger(s)/Amalgmation for certain type of companies including small companies as Fast Track Merger (FTM) is notified now....

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Deemed demerger of Company ceased to be public sector company

Notification No. 93/2016-Income Tax (14/10/2016)

Reconstruction or splitting up of a company which ceased to be a public sector company as a result of transfer of its shares by Central Govt into separate companies, shall be deemed to be a demerger if following conditions are fulfilled...

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Merger and acquisitions (M&A) – Always a Success?

Merger and acquisitions are the key forms of corporate restructuring. M&A activities are increasing over period. Achieving the economies of scale, broadening geographic market coverage, and more effectively competing have helped to create a flurry of acquisitions in the marketplace....

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Posted Under: Corporate Law |

MAX India Set For Mega Corporate Restructuring

DemDr. Haresh Shaherges into 3 Business Verticals- Life Insurance, Health & Allied Business and Manufacturing Industries The Board of Max India Ltd, on 27th January, 2015, approved a Corporate Restructuring plan to vertically split the company through a demerger, into three separate listed companies. The leadership would remain unchang...

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Posted Under: Corporate Law |

Ultratech Cements In Its No.1 Position

UltraTech Cement, India’s largest cement maker and part of the Aditya Birla Group, on 24th Dec, 2014 said its Board has approved to acquire two cement plants of Jaiprakash Associates in Madhya Pradesh for an enterprise value of Rs. 5,400 crore. The transaction, which is subject to due diligence, definitive agreements and regulatory appr...

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Posted Under: Corporate Law |

Merger of ING Vysya And Kotak Mahindra Bank

The banking industry is largely fragmented in India with more than half of the commercial banks being state-run entities. Also amongst them only two of them figure among the world’s 100 largest banks. Besides, there have not been many mergers in Indian banking space and the merger of ING Vysya Bank with Kotak Mahindra Bank […]...

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Posted Under: Corporate Law |

Govt. proposes merger of NSEL with FTIL

NA

The Central Government proposes to issue the following Order (presently in the Draft form) causing Amalgamation of National Spot Exchange Limited with its Holding Company Financial Technologies (India) Limited...

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Merger and Amalgamation in India

Merger and amalgamation (‘M&A’) deals are increasing in India. Increase in competition has made organizations merger themselves to reap the benefits of a large-sized company. To understand this article, first one need to know the terms – merger, amalgamation, transferor company and transferee company....

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Posted Under: Corporate Law |

Power To Amalgamate – ‘An inherent right of the Company’

Mergers and acquisitions has become an indispensible part of the external corporate restructuring in the wake of modern economic scenario. They have been playing an important role in the growth of a number of leading companies the world over. They have become popular because of the enhanced competition, breaking of trade barriers, free fl...

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Posted Under: Corporate Law |

The beauty of ‘Law of Amalgamation’

Its known to all that the law of amalgamation, mergers & acquisition is little bit complicated and cumbersome. In this write-up an attempt is made to ease the law to reach the readers and to highlight the beauty of the relevant legal provisions. ...

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Summary of the latest regulations governing combinations under the Competition Act, 2002 notified on 11 May 2011

The much debated Regulations governing combinations have been finally notified by the Government on 11 May 2011.  These Regulations shall come into force on 1st day of June, 2011. This article summarizes key provisions of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Reg...

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FinMin likely to finalise proposed changes in takeover code on mergers and acquisitions

Finance Ministry is likely to finalise the proposed changes in the takeover code on mergers and acquisitions after a meeting with industry and other stakeholders tomorrow. The Takeover Regulations Advisory Committee chaired by Chief Economic Advisor Kaushik Basu will discuss the amendments in the code as proposed by the C Achuthan headed ...

Read More
Posted Under: Corporate Law |

Sebi unlikely to accept proposal to lift the size of mandatory open offer arising from mergers and acquisitions to 100

The Securities and Exchange Board (Sebi) of India is unlikely to accept a proposal to lift the size of mandatory open offer arising from mergers and acquisitions to 100 per cent from 20 per cent. A panel set up by the Sebi had proposed changes to tak...

Read More
Posted Under: Corporate Law |

Government may simplify mergers and acquisitions process

Merger procedures may soon become easier for India Inc. The Government is planning to come up with an ordinance to do away with the process of sanction by the Competition Commission of India (CCI) for small-ticket mergers and acquisitions. The ordinance will also ensure that the CCI takes a decision on an M&A application within 180 days, ...

Read More
Posted Under: Corporate Law |

Direct Taxes Code Bill, 2010- Provisions affecting Mergers and Acquisitions

The draft Direct Taxes Code along with a Discussion Paper was released on 12 August 2009 for public comments to simplify direct tax legislation in India. Subsequently, comments were solicited from the public and examined by the Government. A Revised Discussion Paper was issued to respond to the major concerns and comments of stakeholders ...

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Posted Under: Corporate Law |

FM proposes stamp duty on mergers and acquisitions

Companies may have to pay stamp duty on mergers and acquisitions in states like West Bengal, which do not have their own Act in this regard. This will happen if the Finance Ministry''s suggestions on amendments to the over-a-century-old Indian Stamp Act are implemented without any change....

Read More
Posted Under: Corporate Law |

No provision under the Companies Act, 1956 for merger of Indian companies with foreign companies

The Minister of Corporate Affairs, Shri Salman Khurshid has said that there is no provision under the Companies Act, 1956 for merger of Indian companies with foreign companies. However, a foreign company may merge with an Indian company. Giving this information in written reply to a question in the Rajya Sabha on merger of companies, Shri...

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Posted Under: Corporate Law |

Procedure for Mergers and Amalgamations under the Companies Act, 1956

The terms merger and amalgamation have not been defined in the Companies Act, 1956 (hereinafter referred to as the Act) though this voluminous piece of legislation contains 69 definitions in Section 2. The concept paper recently issued by the Ministry of Company Affairs, the fate of which is still unknown, contained 100 such definitions b...

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Posted Under: Corporate Law |

Government considering liberalizing M&A norms which require ratification by the Competition Commission of India

India is looking to recast provisions relating to mergers and acquisitions (M&As) that require ratification by the Competition Commission of India (CCI). Currently, under the Competition Act, any M&A that results in combined revenue above certain thresholds must first be cleared by CCI, a unit of the ministry of corporate affairs (MCA). T...

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Posted Under: Corporate Law |

2010 M&A deciding factor for world economies

We read a host of data and information on merger and acquisition in 2009.We found global data regarding merger and acquisition and many cases every economy data too. But I am not going to repeat the same old data for any type of analysis. I will try to bring forth the upcoming trend and foresight of the merger and acquisition in 2010 whic...

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Posted Under: Corporate Law |

Mergers of banks will not be forced by Government

Mergers on individual banks will not be forced, and no time frame has been set for the consolidation process in the banking system, financial services secretary R Gopalan said today. Merger of state-run banks should be done with a view to bring in good synergies, on mutual interests of the concerned entities, and government will not compe...

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Posted Under: Corporate Law |

Power gold mine of India

Power is an essential requirement for all facets of our life and has been recognized as a basic human need. It is the critical infrastructure on which the socio-economic development of the country depends. The growth of the economy and its global competitiveness hinges on the availability of reliable and quality power at competitive rates...

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Posted Under: Corporate Law |

Background and summary of Companies Bill 2009

The Ministry of Corporate Affairs took up a comprehensive revision of the Companies Act, 1956 (the Act) in 2004 keeping in view that not only had the number of companies in India expanded from about 30,000 in 1956 to nearly 7 lakhs, Indian companies were also mobilizing resources at a scale unimaginable even a decade ago, continuously ent...

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Posted Under: Corporate Law |

Government planning to discuss M&A clauses with Competition Commission of India (CCI)

After a lull, the contentious provisions regarding mergers and acquisitions (M&A’s) of the amended Competition Act is back on the discussion table of the Ministry of Corporate Affairs (MCA). The Ministry is planning to hold a meeting with the new anti-monopoly watchdog the Competition Commission of India (CCI) and the stakeholders in th...

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Posted Under: Corporate Law |

World’s biggest accounting scandals (Other then Satyam)

WorldCom was one of the big success stories of the 1990s. It was a symbol aggressive capitalism. Founded by Bernie Ebbers, one of the most aggressive acquirer during the US mergers and acquisitions boom of the 1990s. WorldCom's asset value had soared to $180bn before the US capital market started witnessing a downtrend....

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Posted Under: Corporate Law |

Acquisition of unlisted foreign companies by Indian corporates will be scrutnised by Income Tax Department

Acquisition of unlisted foreign companies by Indian corporates has come under the scanner of income-tax (I-T) authorities who plan to scrutinise the deals to ensure they are not being structured to evade tax. Deals involving equity swaps are particularly in focus, as these could be used to transfer part-ownership of Indian companies to ov...

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Posted Under: Corporate Law |

India better placed to face the economic slowdown

Smaller countries with population of less than 30 million are better placed to face the economic slowdown and benefit quicker from any recovery, indicates a ‘stress test’ conducted by the international business school IMD to supplement its annual IMD World Competitiveness Yearbook 2009. The stress test finding, favouring small...

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Posted Under: Corporate Law |

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