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Merger & Amalgamation

Laws Regulating Mergers And Acquisition In India

Introduction of Merger & Amalgamation

Mergers and Amalgamations are two corporate law restructuring processes that involve the combination of two or more companies. A merger occurs when two or more companies combine a single corporate entity and the liabilities, assets, and chargers are transferred to the newly created entity. In Amalgamation one or more companies amalgamate to form a completely new entity.


Ahlawat & Associates is one of the top firms which contains experts who deal with laws regulating mergers and acquisitions in India. Our team of top experts have dealt with companies domestic and international and provided them with legal advisory, helped draft framework agreements, and settled disputes relating to merger and amalgamations.

Importance of Merger & Amalgamation

Mergers and Amalgamation provide companies with opportunities for growth and expansion. Companies can expand their operations, access new markets, and diversify their product or service offerings by pooling their resources, knowledge, and market reach. Increased market share, higher competitiveness, and improved growth prospects can result from this.


Ahlawat & Associates is one of the best law firms in India dealing with mergers, acquisitions, and amalgamations. We provide strategic benefits to companies by combining the strengths, capabilities, and market positions of the merging companies. We ensure that the companies are getting access to new distribution channels, diversifying product portfolios, and entering new geographic markets.


We ensure that the economic capabilities of the amalgamating companies are enhanced by increased resources, shared capital, and borrowing capacity which in turn increases their ability to fund growth initiatives, research and development, and investment in new technologies.

We ensure that your company is safe and secure during financial downturns by merging with a company that is most suited and complimenting your work ethic.

Legal Framework for Merger & Amalgamation in India

Mergers, acquisitions, and amalgamations are regulated by the Companies Act 2013. It provides the relevant provisions for mergers, compromises, arrangements, fast-track mergers, and mergers with foreign companies.


Ahlawat & Associates ensures that the top legal practitioners of the field who deal with mergers, acquisitions, and amalgamations daily are engaged to draft the most suited agreement for you. We ensure that all the compliances are properly taken care of- starting from applying to the National Company Law Tribunal (NCLT) to preparing a scheme of compromise and arrangement.


We ensure that the best interests of the employees, shareholders, creditors, community, and the company are taken care of while drafting the proposed scheme. We help you in the entire application process and getting it passed by a resolution at the board as well as the general meeting. We also ensure all the disputes arising with respect to compromise, arrangement, and amalgamation are taken care of.

Our Approach to Merger & Amalgamation

Ahlawat & Associates help with the entire procedure of mergers and amalgamations, ensuring transparency, protection of stakeholders’ interests, and compliance with regulatory requirements.

  • We help you prepare a scheme of arrangement which is in the best interest of the company and all the associated stakeholders including the share exchange ratio, treatment of shareholders, creditors, and other stakeholders, and any other relevant provisions.
  • We ensure that the scheme is passed at the board meeting as well as the general meeting
  • We ensure that all regulatory clearances from the Competition Commission of India, Central Government, Reserve Bank of India, Income Tax authorities, and Securities and Exchange Board of India are received on time.
  • We help in applying NCLT and ask for necessary guidelines if required.
  • We also ensure post-approval compliances like filing with the Registrar and notifying stock exchanges.
  • We ensure that the assets and liabilities are transferred without delay and that the shareholding rights are met.
  • We also take care of any dispute arising during the entire process and ensure that there is no vexatious litigation.
  • We also ensure there is a minimum number of disputes arising with respect to the rights of the exiting shareholders.

1. What are laws Regulating Mergers And Acquisition In India?

In India, mergers and acquisitions (M&A) are primarily governed by the Companies Act, 2013, and the rules and regulations made under it. Additionally, the Competition Act, 2002, administered by the Competition Commission of India (CCI), plays a crucial role in regulating M&A activities from a competition perspective. Here are some key laws and regulations related to M&A in India:
  • Companies Act, 2013
  • Securities and Exchange Board of India (SEBI) Regulations
  • Competition Act, 2002
  • Foreign Exchange Management Act, 1999 (FEMA)
  • Income Tax Act, 1961
  • Insolvency and Bankruptcy Code, 2016 (IBC)
  • 2. Difference between Mergers, Amalgamations and Acquisitions?

    Mergers, amalgamations, and acquisitions are all types of corporate transactions that involve the combination of two or more companies. While these terms are often used interchangeably, there are some technical differences between them. Here’s an overview of each: Merger: A merger occurs when two or more companies combine to form a new entity, which is a distinct legal and operational entity. Amalgamation: Amalgamation is a type of merger in which two or more companies merge into a single entity, typically referred to as the amalgamated company. Acquisition: An acquisition occurs when one company (the acquiring company) purchases a controlling stake in another company (the target company).
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