INDIA'S NEW CROSS BORDER MERGER PROVISIONS: A REALISTIC STRUCTURING OPTION?

Published On: 01/08/2017

Practice Area: Mergers & Acquisitions

Authors:

Earlier this year in April, the Ministry of Corporate Affairs (the "MCA") by way of notification effective from April 13, 2017 notified Section 234 of the Companies Act, 2013 (the "Act") along with the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2017 (the "Rules") to operationalize Section 234 of the Act (the "MCA Notification") which broadly applies to schemes of mergers and amalgamations between Indian companies and foreign companies incorporated in foreign jurisdictions notified by the Central Government.