Mergers And Acquisitions

Top Mergers And Acquisitions Law Firm In India

Ahlawat & Associates is one of the leading M&A law firms in India and has been advising clients across the globe on their most complex and critical transactions. Our practice focusing on M&A, private equity and venture capital investment transactions is growing at an exponential rate. The firm has been at the forefront of developing innovative structures to simplify the complexities inherent in M&A transactions including but not limited to complex cross border transactions spread across various jurisdictions. . The A&A team comprises some of the top M&A lawyers in India who have time and again been recognized as the go to dealmakers in the country and A&A has consistently been ranked amongst the top Merger and Acquisition law firms in India .

 Due to our extensive experience, we understand the particular challenges involved and the issues that need to be circumvented by our clients in such transactions and we take pride in providing sound legal assistance and transactional support to our clients for ideal execution and enhancing the shareholders value through all stages of the transaction.

 A&A has proven to be one of the most effective M&A transactions legal advisers for both middle market clients and multinational companies alike, on almost all types of M&A transactions, including acquisitions/ takeovers, mergers, consolidations, carve-outs, minority interest acquisitions, joint ventures, asset reconstructions, demergers, buy-back, debt restructuring and structured exits. Our knowledge base and extensive experience representing strategic and financial buyers and sellers gives us superior insight into the market leading to effective negotiation on imperative deal points thus giving us control from term sheet to closing.

 Our advice also extends to legal, commercial and compliance issues concerning domestic and international investment/ venture capital funds, private equity, angel investments and others especially for promoters and early stage venture capital firms. We routinely counsel boards of directors and executive officers regarding diverse issues concerning corporate governance, significant transactions, takeover readiness, liabilities and disclosure issues.

 Drawing experience from the multiple M&A transactions that the A&A M&A team have successfully brought to fruition, A&A has gained a command over the nuances of the mergers and acquisitions in India and aiding in structuring the entry and exit routes for investors.

 Ahlawat and Associates is one of the leading Merger and Acquisition Law Firms headquartered in Delhi NCR serving clients PAN India including cities such as Bangalore, Mumbai, Chennai, Hyderabad, Chandigarh, Pune, Gurugram, Kolkata.


Laws Governing Mergers And Acquisitions In India:

Mergers and Acquisitions in India are principally governed by the following laws:

 The Companies Act, 2013 has replaced the 1956 Act with respect to Merger & Acquisitions. The new act along with the rules, orders, notifications and circulars issued thereunder (as amended), enhanced disclosure norms, providing protection to investors and minorities thus making M&A transactions efficient.  

The Indian Contract Act, 1872 (as amended), focuses on general principles that administer the contracts and how collection of damages could be incorporated in case of aa breach of the contract. It also provides for an exception of allocating specific relief in the form of specific performance of the contracts. 

The Specific Relief Act, 1963 (as amended), lays down the remedies available to parties which have faced a civil or contractual breach of rights. It prescribes remedies available to private parties for breach of contract. 

The Income Tax Act, 1961 (as amended), accommodates for various provisions that deal with the taxation of various categories of mergers and acquisitions. The Income Tax Act determines taxation-related considerations with respect to M&A in India, and to transactions which have cross-border elements. It also explains double taxation-avoidance treaties which also play an important role. 

The Competition Act, 2002 (as amended), is fundamentally bound with M&A, as all mergers and acquisitions have to undergo the process of Competition Assessment under the admissible provisions of the Competition Act, 2002 and the associated regulations. The act also administers combinations (such as M&A) of companies and constrain the anti-competitive agreements, which have or are likely to have an definite adverse effect on the competition in India. 

The Foreign Exchange Management Act, 1999 and the rules and regulations issued thereunder (as amended), provide the framework for mergers, amalgamations and arrangements between foreign and Indian companies, covering investment related information, covering both, inbound and outbound investments. The rules and regulations under FEMA, read together with the circulars, directions and rules issued by the RBI, collectively regulate foreign investment in India (the “Foreign Exchange Regulations”). 

Various Central and State Government labour legislations also supervise employment-related matters (such as terms of service, payment of wages, working conditions, safety of the staff and workers, health and welfare of workers and others).

The Securities and Exchange board of India Act, 1992 and the rules and regulations issued thereunder (as amended), regulates the securities market in India which also includes acquisitions involving companies which are listed on stock exchanges in India. The SEBI Act, read together with the circulars, notifications, guidelines and directions issued by the SEBI, also lists in detail, substantial acquisition on shares and takeovers. 

In addition to above mentioned regulations and rules, various sector-specific regulations may also be applicable in case of a standard M&A transaction in India depending on the parties involved.


What Sets Us Apart

At A&A, our expert advocates/ M&A lawyers can assist in developing a thoroughly articulated M&A plan teamed with well-informed strategic advice to reinforce the strategy. After acquiring in-depth knowledge of the business, financials and comprehending the management’s objectives, we provide multiple options which, while being cost-effective, also pave the way for long-term profitable growth. We administer a concept for solutions on a turn-key basis for implementing and executing M&A transactions, including but not limited to, structuring, taxation, finances or regulations.

The A&A team is a curation of a group of result-oriented professionals as an alternative to traditional Merger and Acquisition law firms and investment bankers. Drawing from the extensive experience of successfully handling the volatile nature of deal activity, A&A offers several services in addition to opinions, due diligence and tax to ensure that the deal is asset enhancing to the business/company.

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Expert Professionals

Experienced Team

A&A is among the top corporate law firms in India. At A&A, we believe that we are as good as our team, Our principle has guided us to ensure that we have the best corporate lawyers in India based at our main offices while the leading corporate lawyers in other parts of the world run our various practices across the nation, thus ensuring optimum management and service of even the most complex transactions. It is due to our standards of professional responsibility when dealing with our clients and various matters, which we stringently abide by that has enabled us to qualify as one of the reputed corporate law firms in India.

Industry Experience

Whilst A&A commercial law services has been able to cater to legal needs pan India as well as globally, its main founding office and headquarters is in Delhi and it is due to this foothold. A&A corporate lawyer in India has played a vital role in providing advice to the government on various legal and policy-related issues and is amongst the few corporate law firms in India to have the experience and optimal understanding of interpretation and drafting of policy matters.

Client-Centric Approach

A&A adopts an approach that demands the highest levels of knowledge, technical skill and service delivery allowing us to provide accurate, reliable, timely, and cost-effective advice while maintaining international standards of excellence and create a bespoke approach for every client and their business. Our commercial law solicitors unique perspective of working on our client’s matters as a critical part of their team allows us to address their problems like our own. We believe that each client comes with different requirements and concerns – and we work tirelessly to achieve their goals and pursue their objectives.

Cost-Efficient

We make sure that our fee structure and the legal costs involved are very transparent and predictable for our clients. We believe that client relationships are based on trust and a sense of common purpose and we never falter on our promise making us one of the best corporate law firms in India. Our priority has been to deliver the best legal & business solutions and our fee arrangements are tailored to the needs of the client, the client’s goals, and the nature of the matter.

Frequently Asked Questions

  1. What are the types of mergers?

    There are five major types of mergers: conglomerate, congeneric, market extension, horizontal, and vertical. These mergers are chosen based on the company's goals and financial situation.

     Horizontal merger: Occurs between companies operating in the same industry.

     Vertical merger: Happens between two companies involved in different stages of the same industrial process.

     Conglomerate merger: Involves companies from different industries and is usually undertaken to expand outreach into different markets.

     Congeneric merger: Takes place between companies that are part of the same industry but do not offer the same product.

     Market extension merger: Occurs between companies selling the same products or services but operating in different markets.

     

  2. How are mergers different from acquisitions?

    A merger occurs when two separate companies combine their assets and liabilities to form a new entity. In contrast, an acquisition is the takeover of one entity by another, transferring all the interests and control of the acquired company to the acquiring company.

  3. What is the role of the Competition Commission (CCI) of India in M&A transactions?

    The Competition Commission of India (CCI) is a statutory body established under the Competition Act, 2002. Its primary role is to regulate market competition and prevent monopolies to protect consumer interests. CCI approves mergers and acquisitions to ensure that no monopoly is created in the market.  Additionally, the CCI has the authority to make modifications to the combination of entities to ensure that competition in the market is not adversely affected. 

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