Merger & Acquisition

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Merger & Acquisition

DASLEGAL has been most effective law firm in merger and acquisition law for all state of companies which includes middle market clients and multi-national companies and our team provides service as like acquisitions/takeovers, mergers, consolidations, carve out minority interests acquisition, joint ventures, assets reconstructions, demergers, buy-back, debt restructuring and structure exist. Our expert team also provides support to our client in the sphere of commercial and compliance issue, private equity, and angel investments and others.

DASLEGAL has been a reputed and successful merger and acquisition law firm and has been catering its service to various industries like Steel, FMCG, Real Estate etc.

Cardinal laws for Merger and Acquisition :-

i) The Indian Contract Act 1872 (has amended) – An existing inferior right of a party, in subject of a matter, merges into a newly acquired superior right of the same person, investment of same subject matter, then the previous contract conferring the inferior right stand discharged by the way of merging.

ii) The Companies Act 2013 – The 2013 Act provides the mergers and amalgamations between two or more small companies or between holding companies and its only owned subsidiary (or between such companies as may be prescribed) does not require court approval.

iii) The Specific Relief Act 1963 – The remedies available to parties which have faced a civil or contractual breach of rights and it prescribed remedies available to private parties for breach of contract.

iv) Income Tax Act 1961 – Related issues with respect to M & E.

v) The Competition Act 2002 (has amended) – The Act also administers the anti-competitive agreements which have or are likely to have and definite adverse effect on the competition in India.

vi) The Foreign Management Act 1999 – Provides mergers amalgamations and arrangements between companies across border, includes
investment of both inbound and outbound and the rules and regulations under FEMA as issued by the RBI collectively regulating foreign investment in India.

vii) The Securities and Exchange Board of India Act 1992 – Regulates the securities markets in India and also includes acquisitions involving Companies and the SEBI Act and it circulars, notifications, guidelines and directions entails substantial and acquisition of shares and takeovers.

Technology Laws :-

The Information Technology Act 2000 provides legal recognition to electronic transactions and to facilitate e-governance in the country and our specialised team are well capable to provide service to our client in various aspects which includes cyber security, cyber incidents, information security practices etc. and has been safeguarding the interests of our clients by providing various compliances as stipulated by the Government, body corporate and various categories of service providers. Among others we provide time bound solution and support as likewise the directions imposed has stringent 6 hour timeline for reporting a cyber security incident and broaden the ambit of the cyber security issues that must be reported by the relevant entities. Our team provides the following services –

a) Advice and assistance to our clients for development and use of various information and emerging technology business ventures, assets, products and services and accordingly in course of such advise we are capable to advise regularly to various clients which includes intermediaries, fintech, gaming and crypto entities, financial institutions etc.

b) Drafting of contracts involving complex transactions and also pertaining to manufacturing and supply, sub-contracting, supply chain, ownership and licensing agreement and last not the least technology services outsourcing Agreements.

c) We provide round a clock advice and assistance to our clients towards compliance of statutory directions and requisitions, policies to safeguard their interests and to deal with the incidents data breaches and data leaks and other cyber security incidents.

d) Specific advice – We always provide the best service to our clients in their sectors of business for regulations of regulators such as the RBI, SEBI and IRDAI legal solutions imparity rules and regulations of such bodies and also assists our clients for drafting of representations as may be required by the regulatory and other bodies as prescribed under the extent of technology laws and regulations.

The Act has been enacted with the object of providing legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as electronic commerce.

In India, cyber laws are contained in the Information Technology Act, 2000 (IT Act) which came into force on October 17, 2000. The main purpose of the Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government.

Intermediaries are only required to inform users about not uploading certain categories of harmful/unlawful content. These amendments impose a legal obligation on intermediaries to take reasonable efforts to prevent users from uploading such content.

In general, Indian data protection requirements are located in multiple diverse sources, including: Information Technology Act, 2000 (‘the IT Act’), Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (‘the SPDI Rules’)

The OTT platforms shall form a grievance redressal mechanism which shall be headed by the Grievance Officer based in India as per Rule 11 of the IT Rules.
The contact details of the officer and the procedure need to be published on its website

Online platforms will now have to be much more responsive to complaints about posts on their networks, including giving the government details about the “originator” of content – effectively breaking end-to-end encryption – as well as setting up verification systems that could have a major impact on individual privacy. The rules have not only sparked concerns about privacy but also that of censorship of news media. In its notice released on Wednesday, the Union ministry has asked digital news publishers to provide details including the URL of the website, mobile applications, social media accounts, particulars of the news editors, the company’s identification number and other details, contact
information, and details about its grievance redressal mechanism.

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