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Restructuring
Restructuring involves reorganizing a company's operations, structure, or finances to improve efficiency, address challenges, or achieve strategic goals, including mergers, acquisitions, debt adjustments, or cost reductions, either voluntarily or in response to financial distress.
Restructuring for Unlisted Companies
Compliance with Foreign Exchange Management (Overseas Investment) Rules, 2022:
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Governed by Rule 18 of Foreign Exchange Management (Overseas Investment) Rules, 2022.
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Valuation Certificate requirement: A valuation report is mandated from a Registered Valuer.
Restructuring for Listed Companies
Compliance with Foreign Exchange Management (Overseas Investment) Rules, 2022:
-
Governed by Rule 18 of Foreign Exchange Management (Overseas Investment) Rules, 2022.
-
Valuation Certificate requirement: A valuation report is mandated from a Registered Valuer.
Key Points to Consider
01
Which is the Governing Law for Unlisted Companies?
Companies Act 2013 and Income Tax Act 1961
02
Which is the Governing Law for Listed Companies?
Securities and Exchange Board Of India (Issue Of Capital and Disclosure Requirements) Regulations, 2018
03
Who Does it?
Registered Valuer and Merchant Banker
04
When it is required?
At the time of Swap
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