India’s corporate and M&A framework is governed by multiple laws, including the Companies Act, Competition Act, FEMA, SEBI regulations, and tax laws. Businesses can operate through companies, LLPs, or unincorporated entities like branch or liaison offices. Foreign investment is largely permitted under automatic or government routes, with restrictions in sensitive sectors. Corporate governance follows a board-driven structure with defined roles, audit requirements, and shareholder rights, including protections for minorities. M&A transactions are typically executed through share purchases, asset sales, slump sales, or mergers, depending on business goals. These deals require corporate, regulatory, and sector-specific approvals, especially from bodies like the Competition Commission of India.
Insolvency is governed by the Insolvency and Bankruptcy Code, 2016, which provides a structured resolution and liquidation process, supported by creditor-driven decision-making.
Please click here to read the entire interview.
Speaker: Sidharrth Shankar, Partner, Prakriti Jaiswal, Partner.
Publication: Ergun Publication Series: Global Legal Guides
Prakriti specialises in mergers & cross border investments & acquisitions and private equity transactions. Her experience includes rendering advisory and structuring services on a variety of transactions including acquisitions of shares & business, private equity investments, joint ventures and corporate advisory.