It is imperative for anyone interested in pursuing a career in a large company or a corporate firm to understand the law governing mergers and acquisitions in India and gain a working understanding of the fundamentals of M&A transactions.
Enroll in this program now and learn to:
• Perceive the nuances of key concepts such as mergers, de-mergers, acquisition of securities, slump sales, and asset sales;
• Distinguish between different methods of corporate restructuring and the legal framework governing each of these methods; and
• Analyze mergers and acquisitions from a company law perspective as well as a foreign exchange regulation perspective.
Are you a:
• Law student eager to build a career in corporate law firms, in-house corporate legal advisory teams, or corporate litigation;
• Practicing lawyer intent on enhancing your knowledge of, and skills necessary for practicing in, Mergers and Acquisitions Laws; or
• Management or Finance student/ professional keen on gaining a working understanding of the legal and practical aspects of M&A transactions?
We recommend that you enroll in this Program now. We also recommend that you enroll in the Advanced Mergers and Acquisitions Law program, to get a deeper and more holistic understanding of the practice of Mergers and Acquisitions Law.
Did You Know?
• That an individual can invest only up to USD 75,000 per financial year in shares of overseas companies without the approval of the Reserve Bank of India?
• That slump sales are used when a business needs to be transferred as a whole?
• That an asset sale is the preferred mode of business restructuring when an acquirer only wants to purchase assets of a business?
• That there is a cap on the maximum amount a resident can pay to a non-resident for acquiring shares in a company?
Unit 1: Understanding Basic Concepts of Mergers and Acquisitions
• Learn what ‘mergers’ and ‘acquisitions’ are.
• Study the bodies governing M&A activity in India.
• Understand what typical ‘slump sale’, ‘asset sale’, ‘acquisition of shares’, and ‘de-merger’ transactions entail.
Unit 2: Understanding the Legal Framework Governing Mergers and De-Mergers
• Learn how mergers and de-mergers are treated under Company Law in India.
• Distinguish the differences and the business rationale for each form of business restructuring.
• Study the legal framework governing mergers and de-mergers.
Unit 3: Understanding the Procedure for Mergers and De-Mergers
• Study in detail the procedure for mergers and de-mergers and identify the corporate actions to be taken by any company to implement them.
• Identify the taxation benefits available to mergers or de-mergers under the Income Tax Act, 1961.
Unit 4: Understanding Acquisitions: Acquisition of Securities
• Learn more about what an ‘acquisition’ entails and how to carry out an acquisition of shares.
• Examine the legal framework governing transfer of shares and fresh issue of shares, including a rights issue and a preferential issue of shares.
Unit 5: Understanding Acquisition of Assets: Slump Sale
• Learn more about ‘slump sale’ as a mode of acquisition of assets and liabilities.
• Examine the different components of a ‘slump sale’ and legal framework for implementing the same.
Unit 6: Understanding Acquisition of Assets: Asset Sale
• Learn about the meaning of the term ‘asset sale’, as a mode of acquisition of assets.
• Understand the difference between an ‘asset sale’ and a ‘slump sale’.
• Examine the different components of an ‘asset sale’ and legal framework for implementing the same.
Unit 7: Examining Foreign Exchange Regulatory Laws-I
• Understand the role of foreign exchange laws in mergers and acquisition transactions.
• Learn more about key foreign exchange legislation, including the Foreign Exchange Management Act, 1999 and the Consolidated FDI Policy.
• Examine the role of regulators in foreign exchange transactions.
Unit 8: Examining Foreign Exchange Regulatory Laws-II
• Examine specific legislations governing foreign direct investment in mergers and acquisitions.
• Understand procedural and reporting requirements in relation to foreign exchange laws.
• Study various aspects of foreign exchange laws including valuation and pricing issues.
Unit 9: Understanding Overseas Direct Investment
• Analyze the legal framework for investment by an Indian resident outside India.
• Examine specific legislation governing mergers and acquisitions overseas.
Unit 10: Understanding the Provisions of the Companies Act, 2013
• Examine the Companies Act, 2013 and its impact on M&A transactions.
• Study all the changes brought about by the new Companies Act, 2013, including provisions of fast-track mergers and acquisition of minority interests.