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International Acquisitions & FDI Advisory Service
International M&A :
An exceptional international team of corporate mergers and acquisitions experts, to simplify the steps and documentation involved in international acquisitions, to ensure, as far as possible, that the transaction is smooth, streamlined and cost-effective, we have created a process, speciﬁcally for Indian companies:
Step 1 - Locating a target
Normally, we shall be involved after step one as a client shall come to us normally after locating a target. However, we are well-placed to assist in locating a target for acquisition through our connections, whether in India, or in the UK, Europe and beyond. We are very well-connected in India to expert Indian lawyers, corporate finance advisers and brokers.
Step 2 – Heads of terms
Our team of expert corporate and tax lawyers commonly assists in planning the structure of a transaction. Involving us at an early stage will enable us to provide you with the advice you need to structure the transaction (including any preliminary due diligence) in the most cost and time effective and tax-efficient manner. We can then reflect that streamlined arrangement in the heads of agreement. We can advise you on what would be typical for a transaction in a relevant jurisdiction and also what can be done to avoid unnecessary procedures.
Step 3 – Due diligence
Acting for the buyer:
We will agree upon the scope of our due diligence with you in advance, to ensure that it best reflects the transaction, is cost-effective, and saves time and costs on the preparation and negotiation of warranties in the sale documentation later on. We have developed a process that we call “Due Diligence Light”, that is designed to save time and costs at this stage.
Acting for the seller:
We will assist you with the Buyer’s request for providing information relevant to the Buyer’s due diligence questionnaire. We always aim to agree with the Buyer to use the same information for the warranties in the sale documentation later on, in order to avoid unnecessary duplication and time and costs when agreeing the warranties.
Step 4 – The documentation and completion of the transaction
Acting for the buyer:
We have prepared simplified, short-form documents for use in the transaction, which save significant management time and legal costs, relative to those used by other firms. We will provide regular updates of the time / cost incurred in the negotiation and finalisation of the documents.
We also assist with the commercial and practical issues relevant to absorbing the target into the existing group, including any necessary tax planning and compliance issues.
Acting for the seller:
We will aim to use our simplified, short-form documents to complete the transaction. If the Buyer sends us its own documentation, we will provide regular updates of the time / cost incurred in negotiation and finalisation of the documents.
We also assist with any post-completion issues that are of relevance to the Seller having sold the target.
Advise to foreign investors / companies
We provide comprehensive services to foreign investors/companies from rendering advice on an easy passage to invest in India, assisting them in understanding FDI-friendly policies, identifying prospective sectors to structuring specific deals and incentives. Our simple and easy to understand services comprise of foreign investment structuring, investment through automatic route, direct investment and investment in prohibited sectors.
We assist in structuring transaction in compliance to regulatory regime affecting FDIs, in incorporation of WOS or acquiring an Indian Company, formation of JV, JVCO, thorough due diligence process and post entry needs.
We provide consultation and services particularly on FDI limits of industry, product or business in India, necessary approvals, preparation of documents with RBI, FIPB and other organisations, operation mode in India with respect to formation of a company, liaison office or opening a branch office, FDI through automatic or government route etc.
Inbound investments into India
We are very experienced in structuring the investment of overseas companies into India, to ensure that the investment is cost and tax efficient.
We are familiar with the jurisdictions through which investment is often made into India, for tax purposes, and can advise on which structure will work for any particular company.
We also advise on how best to extract profits from the Indian operation and remit them to the overseas company with little tax implications in India and within bounds of law. It may be in the form of dividends, or interest payments, or returns of capital (unless the FDI rules provide for a capital lock-in for a number of years).
We work closely with Indian lawyers to ensure that all the legal issues are correctly addressed so that the international groups can enter India in a cost and tax-efficient manner. We are also very well-connected with senior Indian businesses across India and so regularly assist with introducing international groups to customers/clients/contacts in India to further facilitate the success of the international groups in India.
Once inbound investment transaction is completed, we provide all services that would be of great help to companies having presence and operations in India. These services, as explained here above, would be of help to both foreign and Indian players in their routine operations in India.
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