Corporate and M&A laws constitute a comprehensive legal framework that governs the operations, structure, and governance of corporate entities, as well as regulates mergers, acquisitions, and other business transactions. These laws aim to foster transparency, promote effective corporate governance, and protect the interests of shareholders and investors.
The Companies Act, 2013 serves as the principal legislation governing corporate entities in India. It covers a wide range of areas, including incorporation, management, shareholder rights, board composition, financial reporting, and disclosure requirements. The Act emphasizes principles of good governance, ensuring that directors act in the best interests of the company and its stakeholders. M&A transactions in India are regulated by both the Companies Act and the Competition Act, 2002.
The Competition Act mandates the approval of the Competition Commission of India (CCI) for combinations that may have an appreciable effect on competition in the relevant market. This ensures fair competition and protects the interests of consumers.
Corporate laws in India address various aspects of corporate governance, including the duties and responsibilities of directors, prevention of insider trading, regulation of related-party transactions, and the establishment of independent audit committees. These provisions aim to enhance transparency, accountability, and ethical conduct in corporate affairs.
To protect the interests of minority shareholders and ensure compliance, M&A transactions are subject to regulatory scrutiny. Approvals from regulatory authorities such as the CCI, sector-specific regulators, and stock exchanges may be required, depending on the nature of the transaction and the industries involved. A crucial instrument for growth, diversification, and rationalisation is corporate structuring. We offer comprehensive assistance to streamline the structuring, funding, and effective conclusion of all types of transactions.
- Mergers and Acquisitions
- Demergers
- Reduction of share capital.
- Joint ventures/strategic alliances.
- Public and private debt and equity offerings.
- We serve as counsel to a broad array of companionships and entrepreneurs.