Cross-Border M&A Services in India for Foreign Companies
We specialize in cross-border mergers and acquisitions (M and A) in India, including due diligence, valuation, and transaction structuring for foreign companies and multinational investors. Our legal documentation services cover drafting and reviewing contracts, shareholder agreements, and compliance paperwork, while our recovery services focus on debt restructuring, asset tracing, and resolution of non-performing assets (NPAs). We also facilitate regulatory approvals and liaison with Governmet.
Our Services in Cross-Border M&A Services in India for Foreign Companies
100% Regulatory Compliance
Global ESG & Regulatory Standards
Expert Consultants
20+ Years Industry Experience
Global Standards
FEMA, RBI, GST & Corporate Law
Business Ready
Trusted by Global Businesses
TRUSTED BY GLOBAL BRANDS
Regulatory Expertise
Specialists in FEMA, RBI, GST, Companies Act, Income Tax and International Tax Advisory.
End-to-End Support
From India entry strategy to compliance, we manage the complete lifecycle.
Cross-Border Specialists
Trusted advisors for foreign companies establishing and expanding in India.
Audit Ready Reports
Accurate documentation, compliance reporting and governance support.
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An Indian acquisition is rarely blocked by valuation. It is delayed by diligence findings, regulatory approval, and a deal structure that was chosen before anyone tested how the target's liabilities would transfer.
Share purchase versus asset purchase
A share purchase transfers the company with its history, including liabilities that diligence may not have surfaced, but preserves contracts, licences and registrations. An asset purchase - or a slump sale of a business as a going concern - allows liabilities to be left behind but requires contracts and registrations to be novated or reapplied for, which takes time and can require counterparty consent. The tax outcomes differ materially for both buyer and seller, and the efficient structure for one is frequently not efficient for the other.
Due diligence, and where Indian targets throw up surprises
Beyond standard financial and legal review, Indian diligence should look hard at areas that commonly conceal exposure: statutory dues and contributions, unresolved tax assessments and litigation, land title and lease validity, and whether the target's FDI and FEMA history is clean. Related-party arrangements and transfer pricing positions deserve particular attention. Scope should be set by the target's actual risk profile rather than a generic checklist, since diligence cost scales quickly.
When competition approval is triggered
Transactions above prescribed asset and turnover thresholds require prior approval from the Competition Commission of India, with exemptions for smaller targets. Where approval is needed, it must be obtained before closing, and the review adds a defined period to the timeline. Establishing whether the thresholds are crossed is an early-stage question because it determines the entire transaction timetable and any long-stop date you agree.
Deal structuring and holding jurisdiction
Whether the acquisition is made directly by the foreign parent or through an intermediate holding company affects treaty access, withholding on future distributions, and the tax treatment of an eventual exit. Anti-avoidance provisions and treaty limitation-of-benefits requirements mean the structure must have genuine commercial substance rather than existing solely for treaty access. This is a decision to take before signing, since post-completion restructuring is both visible and expensive.