Mergers & Acquisitions
A merger is a document exercise wrapped around a commercial decision, and the document exercise is where deals slip. Objections from a sectoral regulator, an appointed date that creates a tax problem, a shareholder meeting convened without the right disclosures, a scheme drafted so that the accounting treatment does not survive the auditors' certificate — each of these adds months.
Akash & Co. runs the corporate-law workstream of mergers, demergers, amalgamations and business transfers: structuring the transaction, drafting the scheme, taking it through the National Company Law Tribunal or the fast track route, and implementing it once approved.
What we do
Who this is for
Promoter groups consolidating or simplifying a group structure; companies acquiring or divesting a business; foreign groups reorganising their Indian entities; and boards that need the corporate-law side of a deal run by someone who has taken schemes through the Tribunal before.
The structuring conversation to have first
Two companies under common control that want to become one have several routes available, and the right one is rarely obvious from the outside. A fast track merger under Section 233 avoids the Tribunal entirely and is materially quicker — but only where the parties fall within the eligible categories. A scheme under Sections 230 to 232 takes longer and costs more, but accommodates structures the fast track route cannot. A slump sale avoids court process altogether but changes the tax position and does not carry losses across.
We map the routes against your facts — including the appointed date, the treatment of accumulated losses, stamp duty across the states involved, and any regulatory approvals — before a single document is drafted.