Mergers & Corporate Restructuring Capability Statement

Swift India Corporate Services LLP (“Swift India”) provides comprehensive advisory and execution support across the full spectrum of corporate restructuring including mergers, amalgamations, demergers, and fast-track mergers.

We assist clients through every stage of the restructuring process from conceptualization and drafting of the Scheme of Arrangement to obtaining statutory approvals and ensuring seamless implementation. Our services encompass legal and regulatory advisory, documentation, stakeholder coordination, and end-to-end compliance, including filings and approvals before the National Company Law Tribunal (NCLT), Regional Director (RD), and Registrar of Companies (RoC).

Our team prepares all requisite documentation such as notices, resolutions, affidavits, petitions, and e-forms and liaises with regulatory authorities to ensure timely sanction and smooth implementation of the approved scheme.

  • Fast-Track Mergers - Fast-track mergers offer a simplified route for certain categories of companies to merge without approaching the NCLT. These schemes are approved by the Regional Director based on filings and stakeholder consents. Swift India has extensive experience advising clients on fast-track mergers, including intra-group amalgamations between holding and wholly owned subsidiaries, or between two or more small companies. Following the recent amendments to the Companies (Compromises, Arrangements and Amalgamations) Rules, the scope of eligible entities has been significantly expanded, enabling a broader range of transactions to leverage this simplified route.

  • Cross-Border Restructuring - Swift also advises on inbound and outbound cross-border amalgamations under the Companies Act, 2013 and corresponding FEMA (Cross Border Merger) Regulations, 2018. For inbound mergers, Swift provides guidance on associated foreign exchange laws, including:
    1. Valuation and transfer pricing compliance.
    2. ESOP restructuring.
    3. Treatment of non-debt instruments and foreign investment regulations.
    4. Capital repatriation and consideration structuring under FEMA.

  • Holistic M&A and Restructuring Support - With in-depth understanding of corporate laws and extensive transaction experience, Swift India delivers integrated M&A and restructuring solutions, covering:
    1. Pre-merger structuring and feasibility assessment.
    2. Drafting and vetting of the Scheme of Arrangement.
    3. Coordination with valuers, auditors, and legal counsel.
    4. Representation before NCLT, RD, and other authorities.
    5. Post-merger implementation and compliances from corporate laws perspective.
Our professionals have successfully executed several such restructuring across diverse sectors such as logistics, manufacturing, technology, and consumer businesses. While client confidentiality precludes public disclosure, we can provide redacted case studies and references upon request.

Why Swift India
Swift brings together technical expertise, regulatory insight, and practical execution capability. We work closely with regulators, professionals, and stakeholders to ensure that every transaction is com-pliant, efficient, and value accretive. We are well-positioned to guide your business through India’s evolving corporate restructuring land-scape, helping you leverage streamlined merger routes and achieve strategic consolidation with full regulatory compliance.