August 2016 \ News \ SPECIAL COLUMN ON LAW AND DIPLOMACY
Cross-border Mergers & Acquisitions in India

An incisive analysis on Mergers and Acquisitions by one of India’s leading legal mind

By K K Anand
  •   Generally, the Ministry of Corporate Affairs (MCA) regulates all companies through the Companies Act 2013.  However, significant corporate actions related to M&A are still governed by Companies Act, 1956;

The Reserve Bank of India (RBA) regulates cross-border M&A through the Foreign Exchange Management Act 1999 (FEMA), the Foreign Investment Promotion Board (FIPB) and the Department of Industrial Policy and Promotion (DIPP);

The antitrust regulator, the Competition Commission of India (CCI), depending on the nature, size and effect of M&A transactions, has the authority to regulate public M&A transaction in India;

The Income Tax Department regulates any transaction involving public M&A through the Income Tax Act, 1961 (ITA) or the operation of Double Tax Avoidance Agreements (DTAA) with foreign countries.

SEBI enforces compliance with the takeover regulations through tender offer and disclosure requirements prescribed under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations 2011 (Takeover Regulations). 

  •   Normally it is apparent that cross-border merger and acquisitions are a reformation of industrial assets and production structures on a world-wide basis.  It empowers the global transfer of technology, capital, goods and services and integrates for universal networking. Cross border M&A’s leads to economies of scale and scope which helps in gaining efficiency.  Apart from this, it also benefits the economy such as increased productivity of the host country, increase in economic growth and development particularly if the policies used by the government are favourable.



Tags: K K Anand

Comments.