CRITICAL ANALYSIS ON LAWS GOVERNING CROSS- BORDER M & A IN INDIA

AUTHOR – JUHI SHUKLA, STUDENT AT UNITED WORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – JUHI SHUKLA, CRITICAL ANALYSIS ON LAWS GOVERNING CROSS- BORDER M & A IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 614-29, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The globalization has been driven by cross border mergers and acquisitions (M&A), which are now considered as a way of expanding business, marketing and acquiring new technology to access new markets. India’s legal framework in respect of cross border M&A has been thoroughly reformed to bring it in line with global standards to lure in foreign investment. It has a multiplicity of regulators that include the Companies Act, 2013; the Foreign Exchange Management Act (FEMA), 1999; the Competition Act, 2002; sector specific laws. Section 234 of the Companies Act and the Foreign Exchange Management (Cross Border Merger) Regulations, 2018, among others, give an institutionalized treatment to inbound and outbound mergers. Also, various regulatory authorities such as Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), and Competition Commission of India (CCI) may intervene to enforce matters related to corporate governance, foreign exchange norms, and so on. Inevitably, these regulations have helped spur a wave of M&A activity across borders but with a lot of regulatory complexity as well as jurisdictional conflicts. It analyzes the legal framework for cross border M&A in India including the implications for businesses and possible reform.

Keywords: Cross-Border Mergers and Acquisitions, Companies Act 2013, FEMA, Competition Act 2002, RBI, SEBI, Antitrust Laws, Foreign Exchange Regulations.