Regulations.pdf - Regulations in M&A • https/iclg.com/practice-areas/mergers-and-acquisitions-laws-andregulations/india What Regulates M&A in India

Regulations.pdf - Regulations in M&A •...

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Regulations in M&A
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- regulations/india
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What Regulates M&A in India? Companies Act 2013 It provides the general framework of issuance and transfer of securities of a company Indian Contract Act, 1872 (as amended) Specific Relief Act, 1963 (as amended) It prescribes remedies available to private parties for breach of contract Income Tax Act, 1961 ( as amended) Is applicable to taxation related considerations with respect to M&As in India, cross border, double taxation avoidance treaty also play an important part Competition Act 2002 (as amended) It regulates combinations of companies and prohibits anti-competitive agreements, which have or likely to have an appreciable adverse effect on competition in India Foreign Exchange Act, 1999 Various central labour legislations, which govern employment related matters SEBI regulations and guidelines applicable to listed companies acquisitions in India
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Are there different rules for different kind of companies? Public or Private More stringent regulations for listed companies-SEBI Resident or Non-resident companies Foreign exchange regulations prescribe guidelines for determination of the price at which securities of Indian company can be Issued to non –resident Transferred from resident to non-resident No guidelines for transfer of securities of Indian company between non-residents Reporting to RBI is mandatory in a prescribed format Operating in specific sectors FDI in certain sectors is through automatic route i.e. no permission required In certain sectors permission is required
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Competition Act India’s antitrust law, The Competition Act, 2002, was fully constituted on March 1, 2009 – replacing the Monopolistic and Restrictive Trade Practices Act of 1969. The Competition Act monitors any economic activity that monopolizes competition within the market; it aims to protect consumers and small enterprises, and ensures the freedom of trade.
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  • Spring '18
  • Nidhi Malhotra

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