REVERSE FLIPS - FAST TRACKED?

Amidst the increasing demand for internalization into India (from foreign jurisdictions), the Ministry of Corporate Affairs on September 09, 2024, introduced an important regulatory change for amalgamation of foreign holding companies with their wholly owned subsidiary(ies) in India. The Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 have been amended to include a new provision ‘Regulation 25A(5)’ permitting fast-track mergers involving foreign companies. In this alert, INDUSLAW's Winnie Shekhar, Jaidrath Zaveri and Asha Sreedhar analyse the key amendments and its potential impact on cross border mergers, along with identifying areas where further clarity will be needed from a regulatory standpoint.