NO&T Asia Legal Review
Background
In April 2017, the provisions of the Indian Companies Act, 2013 relating to cross-border mergers and amalgamations via court approved schemes were notified. While cross-border inbound mergers/amalgamations i.e. a merger of a foreign company with an Indian company where the resultant company is an Indian company was always permitted, it was for the first time that the Companies Act permitted cross-border outbound mergers i.e. an Indian company merging with a foreign company wherein the resultant company is a foreign company. The Reserve Bank of India (“RBI”) quickly followed suit and issued draft regulations governing the foreign exchange elements relating to such cross-border mergers.
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