Practice area
Mergers & Amalgamations
Schemes of merger, amalgamation and demerger, advised with the insight of a former Member of the NCLT and NCLAT.
The firm advises on mergers, amalgamations, demergers and other schemes of arrangement, from structuring and documentation to the approval process before the National Company Law Tribunal (NCLT), which sanctions such schemes under the Companies Act, 2013, and the regulators involved.
Our Partner, V.P. Singh, served as Member (Judicial) of the NCLT from 2016 to 2019, presiding over the Kolkata, Allahabad and Mumbai Benches, and then as Member (Technical) of the National Company Law Appellate Tribunal (NCLAT) at its Principal Bench in New Delhi until 2022. He brings that experience of how schemes are examined on the Bench to the advice we give on structure, valuation, creditor and shareholder approvals, and objections.
Mr Singh is also an Independent External Professional on the Member Committee of the National Stock Exchange of India (NSE India), which gives the firm a working understanding of exchange processes and expectations when a scheme involves a listed company.
What we handle
- Structuring mergers, amalgamations, demergers and other schemes of arrangement under the Companies Act, 2013
- Preparing and reviewing the scheme, the supporting documents and the application for sanction by the NCLT
- Shareholder and creditor meetings, notices and approvals, and responding to objections and regulatory observations
- Schemes involving listed companies, including the exchange and regulatory process
- Fast-track mergers, such as those of holding and wholly owned subsidiary companies and of small companies
- Share acquisitions and restructurings that interface with a scheme, and disputes that follow one
- Advising on the position in appeal to the NCLAT and the Supreme Court of India
Where we appear
The National Company Law Tribunal and National Company Law Appellate Tribunal; the Regional Director and Registrar of Companies; stock exchanges and securities regulators; the High Courts; the Supreme Court of India.
Our approach
A scheme is judged on the record placed before the Tribunal. We advise on structure and approvals with that scrutiny in mind, drawing on the experience of Mr V.P. Singh as a former Member of the NCLT and NCLAT, and as an Independent External Professional on the Member Committee of NSE India. Our role is advisory and strategic; appearances are handled by counsel instructed for the purpose.