Please enable JavaScript.
Coggle requires JavaScript to display documents.
Unit 4: Legal Issues in M&A - Coggle Diagram
Unit 4: Legal Issues in M&A
Companies Act 2013
Sections
Sec 232: Merger and Amalgamation
Minimum Threshold for Objection
Regulatory Approvals for M&A
Sec 233: Fast Track Mergers
Sec 230: Compromise and Arrangement
Prescribed Procedure
Power of Amalgamation
Board approval
Application filing
Meeting notice
Scheme approval
Regulatory notice
Meeting results report
Petition filing
Hearing date and notice
Order on the petition
Filing of Order
SEBI Regulations
Substantial Acquisition of Shares and Takeover
Legal Definitions
Control definition
Person acting in concert
Maximum permissible non-public shareholding
Substantial acquisitions of shares
Acquirer: Share or control acquisition
Procedure
Making Public Announcement
Issuing Letter of Offer
Determining Offer Price
Determining Duration of Offer
Discharging Shareholder Dues
Provisions to be fulfilled by acquirer
Payment of SEBI fee
Disclosure of pledged shares
Company-wide information disclosure
Income Tax Act, 1961 Provisions
Expenditure amortization in mergers
Capital gains
Cost of acquisition provisions
Transfer under Section 47
Loss and depreciation carryforward
Deductible expenditure
Tax on business sale (slump sale)
Stamp duty in M&A
Competition Act, 2002
Competition Act, 2002 replaces MRTP Act
Prohibits combinations impacting competition
Combination includes control, shares, voting rights, assets
Section 3: Prohibits anti-competitive agreements
Section 4: Prohibits abuse of dominant position
Section 6: Void if adverse effect on competition
Notices to CCI for mergers