116 B, Mittal Towers, Nariman Point, Mumba, India

The corporate advisory services are sector agnostic and spread over a vast spectrum in the listed and unlisted space.

Corporate Mergers & Acquisitions are one of the core areas of practice at Naik Naik & Company.There is a gamut of laws involved in a single merger or acquisition transaction including but not limited to Companies Act, Competition laws, Foreign laws, Securities laws and various other laws - based on the industry / sector of the parties involved in a transaction.

We advise on securities law (SEBI) in cases where listed entities are involved. SEBI implications pertain to open offer, delisting, LODR compliances, deferred payments.We advise on the Indian foreign exchange laws (FEMA) where overseas entities are involved. Towards this end, we recommend authorized dealer category 1 banks as well as work alongside such banks nominated by the parties. FEMA implications pertain to pricing guidelines, indemnity limits, escrows, filing forms etc. We suggest accountants to advise on tax nuances and tax risk mitigations. We also work alongside tax advisors of the clients. Tax implications pertain to capital gains tax, income from other sources, perquisites etc.

The term mergers include– mergers, demergers, reduction of capital, buyback, etc. Acquisitions include –drafting of transaction documents such as a Shareholders’ Agreement / Share Subscription Agreement / Share Purchase Agreement / Investment Agreement / Business Transfer Agreement/ Asset Transfer Agreement/ Joint Venture Agreement. We are involved in advising and handholding our clients right from drafting the term sheet which binds the prospective parties for a limited time to closing of the transaction documents and post-closing events as well.

If any transaction involves obtaining permission / sanction of the regulators such as the law tribunals – in case of distressed M&A as well as mergers / demergers / reduction of capital – we assist in the entire documentation and the court process including recommending counsels and briefing them.

The last two decades have seen Indian businesses emerge from traditional slow organic growth to a much faster inorganic growth. This has been facilitated by unshackling of business from regulatory and government control, increasing access to domestic and foreign capital and other supportive government policies.

We are well-known for advising on complex domestic/cross-border/multi- jurisdictional transactions, joint ventures, regulatory approvals & compliance, flotations, listing of shares, debentures, bonds, commercial paper, securitization, corporate governance, competition &anti-trust, privatization, management & leveraged buyouts and their surrogate structures, restructuring and corporate recovery.

In this process, we have established an enviable track record of advisory across the entire spectrum of corporate and other relevant laws, regulatory approvals & compliances, transactional advisory, fund raising to its clients.

Our teams are led by highly knowledgeable, skilled, experienced, and dedicated lawyers who are also well versed with the sector and technical knowledge. We provide top-notch and innovative legal strategy and transaction structuring which is commercially viable and based upon reliable, expert, cost-effective, creative, and pragmatic solutions within strict timelines.

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