How SNS Legal Aid Handles Mergers, Acquisitions & Joint Ventures?
At SNS Legal Aid, we specialize in structuring, negotiating, and executing complex M&A and JV transactions that align with your business vision and regulatory landscape. Whether it’s a strategic acquisition, a cross-border merger, or a sector-specific joint venture, our legal experts work closely with financial and tax consultants to design a seamless transaction structure.
We provide deal advisory, legal due diligence, risk assessment, documentation, and post-deal integration support. Our approach is strategic and preventive—we focus on spotting red flags early, protecting client interests during negotiations, and ensuring the transaction adheres to all corporate and competition laws. For international deals, we ensure FEMA, FDI, and RBI compliance while safeguarding IP and contractual rights.
Laws and Acts Involved
- Companies Act, 2013
- Income Tax Act, 1961 (for tax implications of M&A)
- SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (for listed companies)
- FEMA (Foreign Exchange Management Act), 1999
- Competition Act, 2002
- Indian Contract Act, 1872
- Indian Stamp Act, 1899 (transactional instruments)
- Insolvency and Bankruptcy Code, 2016 (for distressed M&A)
- RBI Master Circulars & FDI Policy
Services We Provide in M&A & Joint Ventures
- Legal due diligence (buy-side/sell-side)
- Drafting & reviewing Share Purchase Agreements (SPA), Business Transfer Agreements (BTA)
- JV structuring & drafting Joint Venture Agreements
- Shareholder Agreements & Exit Clauses
- Competition law compliance (CCI filings)
- Cross-border transaction advisory
- Post-merger restructuring & integration support
- Deal negotiation & strategic advisory
- IP and employee transition planning
- Tax-efficient structuring of mergers/acquisitions
Frequently Asked Questions (FAQs)
In a merger, two companies combine to form a new entity. In an acquisition, one company takes over the controlling stake of another. Both have different legal and tax implications.
Due diligence helps identify legal, financial, and operational risks, such as pending litigation, tax liabilities, or contract issues, ensuring a well-informed decision.
Yes, subject to FDI policy and FEMA guidelines, a foreign company can acquire Indian businesses through share or asset purchases, either under the automatic or approval route.
Key clauses include capital contribution, management rights, IP ownership, deadlock resolution, dispute mechanism, and exit strategy. Customization is vital.
Only those above certain asset/turnover thresholds need prior CCI approval. We assess if your deal triggers CCI requirements during structuring.
The tax implications vary based on the structure—slump sale, share transfer, or asset sale. Capital gains tax and stamp duty are common factors considered.
These include currency regulations (FEMA), taxation, repatriation of funds, transfer pricing, IP rights, and dual jurisdiction compliance. We handle all aspects comprehensively.
Shareholder agreements govern rights, control, profit-sharing, and exit rights, and are crucial in avoiding future disputes among parties.
A typical M&A deal may take 3–6 months, depending on due diligence, negotiation complexity, regulatory approvals, and integration planning.
Yes, under the Companies Act, a board resolution followed by shareholder and NCLT approval is generally required, especially in case of scheme-based mergers.