Cross-border acquisitions

Approach and deliverables

We identify the buyer and seller residency, target jurisdiction, instruments and payment flows. Inbound and outbound acquisitions require different foreign-exchange analysis alongside corporate and tax work.

The engagement can produce a jurisdiction workstream map, bank document checklist and closing reporting register. Host-country counsel and valuation professionals address matters outside the India-side coordination scope.

1. Map the parties, ownership chain and target activities.
2. Describe each proposed instrument and movement of funds.
3. Assign jurisdiction-specific questions to the responsible advisers and bank contacts.
4. Track conditions, closing evidence and subsequent reporting actions.

Keep the commercial transaction diagram and the funds-flow schedule consistent. A change in funding source or acquisition vehicle should be reflected in both before the relevant assessment is reused.

Information to prepare

• Ownership and residency structure
• Deal terms and payment flows
• Target financials and sector activities
• Funding, valuation and approval records

Include intermediate entities, subsidiaries and existing investments relevant to the proposed structure. Identify whose records establish residency and ownership, and record information still awaiting confirmation. Provide executed agreements separately from proposed term sheets and financing assumptions.

A practical example

An Indian buyer acquiring a foreign entity with subsidiaries needs to understand the full structure before evaluating investment and reporting requirements.

For the foreign target with subsidiaries, prepare an entity-by-entity schedule showing activities, ownership and the proposed effect of the acquisition. Identify guarantees or other commitments alongside the purchase consideration. The coordination pack should make those facts visible to each adviser rather than relying on the parent company’s name alone.

Scope and responsibilities

Foreign legal advice, financing and regulatory approvals are separate assignments. No automatic-route eligibility or tax result is assumed from the headline deal description.

The engagement letter records the workstreams included, client decisions and external professional costs. New transaction steps or material changes are assessed before the scope is extended.

The completion pack can include the jurisdiction matrix, bank correspondence, agreed funds flow, executed document index and reporting tracker. It distinguishes instructions sent from transactions completed and filings submitted from outcomes confirmed. Advice and execution outside the agreed jurisdictions require separate scope.