RBI’s new M&A rules seek reporting of all deals which are not on the automatic route to be more stringent and time-bound, and provide for mandatory permission

The Reserve Bank of India (RBI) on Wednesday proposed a fresh set of regulations regarding mergers and acquisitions (M&A) which seek reporting of such actions to be more stringent and time-bound, and provide for mandatory permission for all deals which are not on the automatic route.

This follows the new regulations notified by corporate affairs ministry under the Companies (Compromises, Arrangements and Amalgamation) Amendment Rules of 2017 issued on 13 April.

The proposed regulations will be brought in under the FEMA rules of 1999 and seek to address the issues that may arise when a domestic firm and a foreign firm enter into scheme of merger, demerger/amalgamation/rearrangement.

The regulation makes reporting of any cross-border activity mandatory within 180 days from the date of sanction. Called Foreign Exchange Management (Cross-border Mergers) Regulations, the new rules pertain to mergers, demergers, amalgamations and arrangements between domestic and foreign companies.