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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:

Governed by Rule 18 of Foreign Exchange Management (Overseas Investment) Rules, 2022.
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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