Cross-border merger

Reverse Flips and ESOPs: Bridging Global Incentives and Indian Regulations

Summary: This blog discusses the conceptual and regulatory framework governing employee stock options (ESOPs) in India in the context of ‘reverse-flips’, i.e., cross-border mergers and inbound restructurings, where incentives provide beneficiaries with an ownership right in the issuer company. It also explores certain practical aspects that are to be considered by Indian companies while designing and operating such incentive schemes post-merger.Continue Reading Reverse Flips and ESOPs: Bridging Global Incentives and Indian Regulations

Aa Ab Laut Chalein!: Key Considerations for ‘Reverse Flips’

Summary: The trend of Indian businesses relocating offshore is reversing, with many now seeking to “reverse flip” to India, driven by the nation’s vibrant economy and capital markets. While the reverse flip offers significant opportunities, it requires careful navigation of legal processes, along with addressing complex regulatory, and corporate compliance aspects. Understanding these key considerations is crucial for companies contemplating a return to India.Continue Reading Aa Ab Laut Chalein!: Key Considerations for ‘Reverse Flips’

The Four Pillars of Change: Unpacking India’s New Fast-Track Merger Regime

Summary: The MCA has unleashed a significant liberalisation of the fast-track merger framework, introducing four revolutionary changes by allowing unlisted companies, non-wholly owned subsidiaries and fellow subsidiary transactions to access the fast-track route, while also streamlining cross-border mergers. This change makes the fast-track route viable for a broader range of entities and seeks to reduce the NCLT’s burden, potentially allowing it to focus on contentious matters requiring judicial oversight.Continue Reading The Four Pillars of Change: Unpacking India’s New Fast-Track Merger Regime