The Practice – Mergers and Acquisitions law
With an increasingly liberalized economy, growth in technology, capital access, and structuring of procedures, Mergers, and acquisitions (M&A) are on the rise in the country.
Mergers and Acquisitions law
principally involve the sale or purchase of domestic companies and international companies or part of their shares or assets, or for capital increase or re-organization, and must abide by several regulatory requirements of the transactions.
Most transactions in Mergers and acquisitions must be notarised, especially for asset deals involving the transfer of the real estate, reorganization procedures under the Transformation Act, and the acquisition of shares in limited liability companies. Our team of M&A attorneys has experience across a range of multiple sectors such as media and telecom, capital marketing, and insurance laws, and understands the importance of providing valuable and customer-focused advice to our clients.
Our Public and Private mergers and acquisitions lawyers take care of drafting a confidentiality agreement and a letter of intent, followed by a due diligence process of analyzing whether the acquisition entails any significant legal risks. The lawyers at Elixir Legal Services then draft share or asset purchase agreements, after considering all the risks identified in the due diligence exercise. We also liaise with the notaries, negotiate, supervise closing and post-closing, and take care of other implementation work. We also advise board members and management on legal obligations and shareholder relations for the transaction. We facilitate asset and share transactions, listed and unlisted company takeovers, joint ventures, corporate reconstructions, leveraged buyouts, and management buyouts on a national and international scale.
The Elixir Advantage
Elixir Legal Services is recognized as a specialist in the best mergers and acquisitions law firms in India. We have a large team of Merger and Acquisition lawyers with the expertise to deal with the transactional, legal, and business knowledge of any M&A transaction of multiple sectors on a small, medium, or large scale. We provide end-to-end solutions and support with attention to detail to diverse clients across the M&A deal.
Frequently Asked Questions
– Mergers involve the combination of two or more companies into a single entity, while acquisitions involve one company purchasing another. These strategies can lead to business growth, expansion, and increased market share.
– A mergers and acquisitions law firm provides legal guidance and expertise in navigating the complexities of M&A transactions, ensuring compliance with the Companies Act 2013 and other relevant laws.
– In India, mergers and acquisitions are governed by the Companies Act 2013, which outlines the legal framework for these transactions. Additionally, various regulations and guidelines issued by the Securities and Exchange Board of India (SEBI) and the Competition Commission of India (CCI) are applicable.
– Section 232 of the Companies Act 2013 provides provisions for mergers and amalgamations. It specifies the legal procedures, approvals, and conditions under which M&A transactions can occur in India. Complying with Section 232 is essential for a successful merger or acquisition.
– Common M&A transactions in India include mergers, amalgamations, acquisitions of shares or assets, demergers, and takeovers. Each type has distinct legal and regulatory requirements.
– A law firm can conduct comprehensive due diligence to assess the legal, financial, and operational aspects of the target company. This helps in identifying potential risks and ensuring a smooth M&A process.
– A law firm plays a crucial role in negotiating and drafting M&A agreements, including the Memorandum of Understanding (MOU), Share Purchase Agreement (SPA), and other legal documents. They ensure that terms are favorable and comply with the law.