Short Note On Mergers & Acquisitions Activity in India
Short Note On Mergers & Acquisitions Activity in India
Short Note On Mergers & Acquisitions Activity in India
1) Introduction
MAJOR PREMISES
What are the factors which are leading to fast growth of the Merger & Acquisition
Activities In India.?
MINOR PREMISES
Whether Merger & Acquisitions are happening in fair and impartial manner or they
are biased and could lead to monopoly and profiteering.
Introduction
Mergers & Acquisitions had been part of Indian economy since the time immemorial.
We can see it that in ancient and Medieval times when traders were not able to
manage their Business, they used to sell Their ships, trading Companies etc. to Other
Traders. In the Post – Independent India before the Implementation of Liberlisation,
Privatisation and Globalisation policy in the Year 1992, there was negligible amount
of M&A activity in India mostly among the domestic Firms or with Internationl
companies who had the licence to operate in India. But after implementation of new
Economic policy in the Year 1992 there has been sea Change and Continuous Rise in
Merger & Acquisition activity in India. The Multi National Companies were eager to
expand their base in India and therefore immediately acquired small companies Of the
Related Domain through which they could expand their Businesses in India. For Ex.
When the Coca- Cola Company re-entered india in the year 1992, it acquired two
local known Cold – drink Brands such as Limca and Thumbs -up to expand its
Busineses In India. Similarly there were Many deal in Indian economy relating to
Merger & Acquisition. Merger & Acquisition is not only an Economic but also has an
legal Dimension . These Mergers & Acquisition activities have a Huge Bearing on
legal system of a country. We all know that monopoly is harmful of a nation. Law
needs to regulate the Economy of a Country so, that there should be a minimum level
of Competition in the Country so that consumers of a nation are protected from
oppression. Therefore the government decided to make a statutory authority which is
empowered to give permissions,and most importantly oversee the Merger &
Acquisition activity in India. The Competition Commission Of India was creation ed
under the Competition Commission Of India , 2002 to oversee the M&A activity In
India.
Research Question
Literature Review
The legal provisions of merger & Acquisition activity mostly Derive from the
Companies Act, 2013 as subsequently Amended. Also under the section 9 of the
Insolvency and Bankrupcy Code , 2016 a creditor can approach the NCLT for filing
an insolvency Resolution against the Defaulting Firm. The Insolvency Resolution
acts as a Catalyst for Mergers & Acquisition as sick companies through this tribunal
are purchased at a price which is arrived after subsequent Bidding with the Parties
which helps in Improving the Value Of the Insolvent Company.
In Addition to the Companies Act , 2013, The M&A Activity requires Compliance Of
SEBI in case of publicly traded Companies. The Security and Exchange Board Of
India was formed Under SEBI act, 1992. SEBI is the authority in India with regard to
public Transactions.1
The M&A activity also requires Compliance Of Certain Contractual Obligations and
therefore these Transactions should be compliant with the provisions Of Indian
Contract Act
1
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OBJECTIVE OF THE STUDY
To Find Out what are the bottlenecks and difficulties which arise out of the Merger
& Acquisition processes and what Precautions Must Be taken to prevent Fradaulent
Mergers & Acquistions. And what percautions to be Taken For Preventing Fake
Mergers & Acquisitions.
NATURE OF STUDY
The study is Doctrinal Study with special emphasis on Analytical study.
SIGNIFICANCE OF STUDY
This study tries to tell What could be the Remedies to prevent Fradaulent Mergers&
Acquisitions so that there could be a smooth & proper systems to regulate Mergers
& Acquisitions in india.