Tag: Mergers and Acquisitions
-
Fast-Track Mergers Reimagined: The 2025 MCA Amendment
[Arjun Chaudhary is a 4th year BBA. LLB. (Hons.) student at Gujarat National Law University] The fast-track merger route under section 233 of the Companies Act, 2013 was originally designed as a narrow mechanism to simplify mergers between small companies and between holding companies and their wholly owned subsidiaries. The objective was to remove such schemes from the
-
The Debt Shift: How the RBI is Quietly Reshaping India’s M&A and Competition Landscape
[Himanshu K. Mishra is a fourth year student at the National Law Institute University, Bhopal] On October 1, 2025, the Reserve Bank of India (“RBI”) issued its Statement on Developmental and Regulatory Policies. Quietly buried in items 5 and 6 is a measure that, understated in tone, has a significant potential to fundamentally rewire India’s mergers and
-
Understanding “Undertaking” in the Context of Investment Demergers
[Barsha Dikshit is a Partner and Sourish Kundu a Senior Executive at Vinod Kothari & Co.] The meaning of “undertaking” has been one of the most debated issues under Indian company law and tax law, particularly when it comes to the questions of whether shares or investments can be treated as an “undertaking”. While the term intuitively refers
-
The Tax Policy Paradox in Fast-Track Demergers
[Aayush Agarwal is a 3rd year student at Gujarat National Law University, Gandhinagar and Taher Hussain is a 4thyear student at Maharashtra National Law University, Mumbai] On July 21, 2025, the Select Committee on the Income Tax Bill, 2025, presented its Report (‘the Report’) before the Parliament, analysing various provisions of the new bill and suggesting appropriate changes to it. One
-
Accelerating Fast Track Mergers: Ministry Proposes Wider Eligibility
[Esha Rathi is an associate at a law firm’s Mumbai office] Mergers are a common tool for corporate restructuring. However, securing approval from the National Company Law Tribunal (“NCLT”) can often be a lengthy and complex process. To streamline such transactions, section 233 of the Companies Act, 2013 introduces a fast track merger (“FTM”) route, allowing certain classes
-
Breaking Down Break Fees: Regulatory Trends and Legal Perspectives on Deal Protections in M&A
[Arjim Jain and Shruti Asati are 5th Year B.A., LL.B. (Hons.) students at National Law University, Odisha] On May 5, 2025, Singapore’s Securities Industry Council (“SIC”) released a consultation paper proposing significant amendments to the Singapore Code on Takeovers and Mergers, with a sharp focus on regulating deal protection measures—especially break fees. The proposal seeks to generally prohibit break fees unless
-
Goldman Sachs Order: A CCI Precedent Reshaping the PE Investment Landscape
[Shriyansh Singhal is a 2nd Year B.B.A., LL.B (Hons.) Student at National Law University Odisha and Lavanya Chetwani is a 3rd Year B.B.A, LL.B (Hons.) Student at National Law University Odisha] In recent years, regulatory developments in the realm of competition law in India have increasingly focused on scrutinising of Private Equity (‘PE’) investments, particularly minority stakes. The Competition Commission
-
Advancing from Reactive to Proactive Post-Acquisition Control Surveillance with Global Insights
[Deergha Meena is a fourth year student at NALSAR University of Law] India’s framework for monitoring post-acquisition control remains largely reactive, leaving a critical gap in tracking the evolution of control after transactions close. Although the Securities and Exchange Board of India’s (SEBI’s) Takeover Regulations and SEBI’s Listing and Disclosure Requirements (LODR) Regulations introduce essential disclosure measures, they do not ensure
-
Restricting Carry-Forward of Losses: Analysing Reforms to the Income Tax Act
[Megha Porwal and Manav Pamnani are 3rd year B.A., LL.B. (Hons.) students at the NALSAR University of Law, Hyderabad] The Union Budget presented on 1 February 2025 marks a significant development in the jurisprudence pertaining to direct taxes in India. This is because it introduces a substantial amendment to sections 72a and 72AA of the Income Tax Act, 1961 (IT Act). The Bill proposes the insertion of
