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Cross Border M&A Lawyer in Delhi
Expert legal assistance for international mergers, acquisitions, and joint ventures
Cross Border M&A Legal Services
Complete legal support for international M&A transactions
Cross-border M&A involves complex legal, regulatory, and tax considerations across multiple jurisdictions. Our lawyers provide end-to-end advisory on inbound investment into India and outbound acquisitions by Indian companies, including deal structuring, due diligence, regulatory approvals, and post-merger integration.
Common Transaction Structures
Share Acquisition
Acquisition of shares from existing shareholders. Subject to FDI limits and pricing guidelines under FEMA.
Asset Acquisition
Acquisition of specific assets, liabilities, and business undertakings. May require creditor consents.
Joint Venture
Strategic partnership between foreign and Indian entities. Requires SHA and JV agreement.
Merger/Amalgamation
Cross-border merger under Companies Act, 2013. Requires NCLT approval.
Compulsory Convertible
CCD/CCPS structures for phased acquisition/control.
SPAC/De-SPAC
Special Purpose Acquisition Company structures.
Cross Border M&A Process
Term Sheet
Key terms negotiation
Due Diligence
Legal, financial, tax
Definitive Agreements
SPA, SHA, disclosure schedules
Regulatory Approvals
RBI, CCI, NCLT, sectoral
Closing
Payment, share transfer
Post-Closing
Integration, filings
Regulatory Approvals for Cross Border M&A
| Regulator | Approval Required | Threshold/Timeline |
|---|---|---|
| RBI | ||
| CCI | ||
| NCLT90-180 days | ||
| SEBI25% acquisition); Takeover Code compliance | Within 90 days of trigger||
| Sectoral RegulatorsDIPP/concerned ministry approval (defence, media, telecom) | 30-90 days
Key Transaction Documents
Tax Considerations
Frequently Asked Questions
What is the difference between inbound and outbound M&A?
Inbound: Foreign entity acquiring Indian company. Outbound: Indian entity acquiring foreign company.
Do I need RBI approval for foreign acquisition?
Automatic route available for most sectors; government route approval needed for restricted sectors.
What is CCI approval threshold for M&A?
₹2,000 crore assets (target) or ₹6,000 crore turnover (target) requiring combination filing.
What are the timelines for regulatory approvals?
RBI: 30-90 days, CCI: 150-210 days, NCLT: 90-180 days.
What is the difference between asset and share acquisition?
Asset acquisition buys specific assets; share acquisition buys entire company (including liabilities).
What are cross border M&A legal fees?
Based on transaction value and complexity. Free consultation available.
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