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M&a Statutory Framework, Drafting of Scheme, Important Aspects & Activities

M&a Statutory Framework, Drafting of Scheme, Important Aspects & Activities

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Published by: pravinsir on Oct 08, 2009
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Statutory Framework, Draftingof Scheme, Important Aspects& ActivitiesM & A
M&A –Statutory Framework in India
The Companies Act, 1956 –Sections 390 to 396A and125, 127, 147, 305, 308;SEBI (Prohibition of Insider Trading) Regulations, 1992Listing Agreement (“LA”) –16, 22(a & d), 24(a, f & g),31 (c & e) , 36(7);The Companies (Court) Rules, 1959(“Court Rules”) –Rules 67 to 87Depositories Act, 1996SEBI (Substantial Acquisition of Shares and Takeovers)Regulations, 1997 -Regulation 3(1)(j);Relevant State Stamp ActThe FEM (Transfer or Issue of Security by a PersonResident outside India) Regulations, 2000Accounting Standard 14Income-tax Act –Section 2(1B), 72AIndustrial Disputes Act, 1947 Section 25FF
M&A –Important Aspects
Approval Mechanism
Board of Directors
Official Liquidator
Stock Exchanges
Shareholders & Creditors
Central Government, Regional Director and Registrarof Companies
RBI / FIPB, if foreign shareholding beyondpermissible limits
Debenture Trustee / FIs/ Lenders
High Court(s) / NCLT
Competition Commission of India (CCI)

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