Strategic Amalgamation of Due Diligence & Corporate Governance in the Field of Merger and Acquisition in India

  • Sahil J Singh
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  • Sahil J Singh

    Studied at PES Modern Law College, India

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Abstract

We live in a world wherein the significance of mergers and acquisitions has become pivotal for the day-to-day functioning of corporations or companies in society. There exist scenarios wherein small corporates merge to have a compelling interest in this predator market. This article will provide a specific impetus to the Strategic Amalgamation of Due Diligence and Corporate Law in the ever-expansive field of mergers and acquisitions, which never ceases to amaze. Before delving into the concept of Merger and Acquisition, one should understand the reality behind the formulation of such a vital concept. Integration, Synergies, expansion of business. Acquiring assets of the target company, more importantly, the consumer base and success. The idea of Merger and Acquisition is contained via S.230 to 240 Companies Act, 2013 . Understanding the process of compromise, restructuring of debt, and historical analysis of mergers and acquisitions in India. Types of mergers provide an analysis of the strategic decisions required to be undertaken for a successful merger. Amendment of existing policies inculcating novel policies. Analysis of Acquisition with due diligence and the checklist to be followed adequately and to the fullest extent. Specific importance is provided to the concept of due diligence and corporate governance, as well as the essential checklist and prerequisite for due diligence. Target company's previous financial records and Intellectual Property assets. The Concept of Governance constitutes People, process, purpose and performance. Companies are provided an incentive to ensure that there is no conflict between the internal and external mechanisms of the company. No rule or regulation should be in contravention of the provisions contained in the Law or against the integrity and sovereignty of India. The Board of Directors will constitute the Internal management, which is pivotal for merger and acquisition transactions. External management involves the government and customers. The intersection between the strategic concept of due diligence and corporate governance is quintessential for successful M&A.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 4303 - 4319

DOI: https://doij.org/10.10000/IJLMH.117937

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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