Business Transfer
Why, How and when?
August 25, 2023
 

In the context of M&A transactions, how you acquire is as important as what you acquire. The choice of the mode of acquisition can have far reaching implications for the buyer and the seller, inter-alia, in terms of, legal compliances, taxation, successor liability, employee transfer, stamp duty, time and effort for implementation beside the obvious commercial considerations involved. Hence, zeroing in on a structure that works best for the seller and the buyer would be the first step in the deal making process. This paper examines, the basic structure of a ‘business transfer’, how it differs from other modes of asset sale and the merits and demerits over other modes of acquisition. In doing so, we explain the legal, tax and regu-latory implications of a ‘business transfer’ and also cover certain key commercial considerations that are often heavily negotiated.

Please click here to access our paper.

Warm regards,

- Khyati Dalal, Ipsita Agarwalla and Harshita Srivastava

 

For any help or assistance, please email us on [email protected].

Do visit us at www.nishithdesai.com.

 

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Business Transfer

Why, How and when?

August 25, 2023

 

 

In the context of M&A transactions, how you acquire is as important as what you acquire. The choice of the mode of acquisition can have far reaching implications for the buyer and the seller, inter-alia, in terms of, legal compliances, taxation, successor liability, employee transfer, stamp duty, time and effort for implementation beside the obvious commercial considerations involved. Hence, zeroing in on a structure that works best for the seller and the buyer would be the first step in the deal making process. This paper examines, the basic structure of a ‘business transfer’, how it differs from other modes of asset sale and the merits and demerits over other modes of acquisition. In doing so, we explain the legal, tax and regu-latory implications of a ‘business transfer’ and also cover certain key commercial considerations that are often heavily negotiated.

Please click here to access our paper.

Warm regards,

- Khyati Dalal, Ipsita Agarwalla and Harshita Srivastava

 

For any help or assistance, please email us on [email protected].

Do visit us at www.nishithdesai.com.

 

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IFLR1000 2022: Top Tier for M&A and Private Equity

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FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)

RSG-Financial Times: India’s Most Innovative Law Firm 2019, 2017, 2016, 2015, 2014

Disclaimer

The contents of this Publication should not be construed as legal opinion. View detailed disclaimer.

This Publication provides general information existing at the time of preparation. The Publication is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Publication. It is recommended that professional advice be taken based on the specific facts and circumstances. This Publication does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.
 
 

 

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