De-Merger

Strategic Corporate Restructuring Through De-Merger Transactions

A de-merger is a corporate restructuring process through which a business division or undertaking of a company is separated and transferred to another company. De-mergers are commonly used to unlock value, improve operational focus, manage risk, or comply with regulatory and strategic requirements.

Our law firm provides comprehensive De-Merger services in India, advising companies on the legal, regulatory, and procedural aspects of de-merger transactions in accordance with Indian corporate laws.

Understanding De-Merger Under Indian Law

De-mergers in India are primarily governed by:

  • Companies Act, 2013

  • SEBI regulations (for listed entities)

  • Income Tax Act, 1961

  • Competition Act, 2002 (where applicable)

A de-merger typically requires approval of shareholders, creditors, regulatory authorities, and the National Company Law Tribunal (NCLT).

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Our De-Merger Services

We offer end-to-end legal support throughout the de-merger process.

Structuring & Advisory

  • Strategic advisory on de-merger feasibility
  • Identification of undertakings and assets
  • Structuring tax-efficient de-mergers

Scheme of Arrangement

  • Drafting Scheme of Arrangement for de-merger
  • Preparation of explanatory statements
  • Coordination with valuers and auditors

Regulatory & Statutory Approvals

  • NCLT filings and hearings
  • Approvals from shareholders and creditors
  • SEBI, ROC, and other statutory compliances

Due Diligence & Documentation

  • Legal due diligence of business divisions
  • Drafting corporate resolutions and agreements
  • Review of contracts and liabilities

Implementation & Post De-Merger Support

  • Assistance in transfer of assets and liabilities
  • Post-de-merger corporate restructuring
  • Compliance and operational transition support

Our Approach to De-Merger Transactions

Our approach is strategic, compliance-driven, and commercially focused, emphasizing:

  • Alignment of restructuring with business objectives

  • Smooth regulatory and tribunal approvals

  • Risk mitigation and stakeholder protection

  • Timely and efficient implementation

We ensure that de-merger transactions are legally sound and operationally seamless.

Why Choose Us for De-Merger Advisory?

Corporate Restructuring Expertise

We have experience in complex corporate restructuring and de-merger matters.

NCLT & Regulatory Experience

We handle proceedings before NCLT and regulatory authorities.

End-to-End Transaction Management

From structuring to implementation, we manage the entire process.

Compliance & Tax-Sensitive Solutions

Our advice focuses on regulatory compliance and tax efficiency.

Pan-India Services

We provide de-merger advisory services across India.

Importance of Professional De-Merger Legal Support

De-mergers involve multiple stakeholders, regulatory scrutiny, and procedural complexity. Professional legal support helps:

  • Ensure statutory and regulatory compliance

  • Minimize legal and tax risks

  • Protect shareholder and creditor interests

  • Achieve smooth and timely restructuring

Consult Our De-Merger Team

If your company is considering a corporate restructuring or separation of business undertakings, our firm offers trusted De-Merger services in India, delivering strategic and legally compliant solutions.

📞 Contact us today to discuss your de-merger requirements and receive expert legal guidance.

Frequently Asked Questions (FAQ)

A de-merger is the separation of a business division into a new or existing company.

Yes, most de-mergers require NCLT approval.

Yes, shareholder and creditor approvals are mandatory.

Yes, especially for listed companies.

Yes, especially for listed companies.

Yes, including all required documentation.

Timelines depend on approvals and regulatory requirements.

Yes, including compliance and restructuring.

Yes, we provide services across India.

Professional expertise ensures compliant and smooth restructuring.

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