Mergers and Acquisitions-India FAQs
- What does ATB Legal’s M&A service include?
The full transaction lifecycle: strategy and deal assessment, legal due diligence, deal structuring, drafting and negotiation of transaction documents, management of regulatory approvals including CCI filings and FEMA compliance, and post-merger integration support. The mandate continues until the deal is complete and the client’s India position is fully regularised.
- Do you handle cross-border M&A involving India?
Yes. ATB Legal regularly advises on transactions where the acquirer or target has connections across India, the UAE, Europe, or other jurisdictions. The firm’s dual India-UAE presence is particularly relevant for GCC-based acquirers entering India and for European companies routing investments through UAE holding structures. Coordination with international counsel is managed as part of the mandate.
- What types of clients do you advise on M&A in India?
Start-ups, SMEs, multinational corporate groups, regulated entities, private equity and institutional investors, and family businesses — across technology, healthcare, financial services, manufacturing, retail, and trading sectors. Both acquirers and targets are represented, and the team advises on both minority and majority stake transactions.
- What is the difference between a share acquisition and an asset acquisition in India?
In a share acquisition, the acquirer purchases the target company’s shares, taking on all its assets and liabilities. In an asset acquisition, specific assets and contracts are purchased without acquiring the entity itself. Each has different implications for liability exposure, stamp duty, employee continuity, contract novation requirements, and FEMA compliance for foreign acquirers. ATB Legal advises on the optimal structure for each transaction.
- When is CCI notification required for an India M&A transaction?
Mandatory notification to the Competition Commission of India is required where the transaction meets the prescribed asset or turnover thresholds assessed against the global and India-specific financials of the parties. Completing a notifiable transaction without CCI clearance is void and attracts significant penalties. ATB Legal assesses filing obligations at the outset of every mandate.
- What is an NCLT-sanctioned merger and when does it apply?
Mergers and amalgamations require sanction from the National Company Law Tribunal (NCLT) under the Companies Act 2013, involving shareholder and creditor approvals and NCLT hearings. ATB Legal manages the complete process from scheme drafting through to the final NCLT order.