Cross-border merger checklist: from structure paper to the two-year clean-up
A single format from the Cross-border Mergers and Demergers pack. s.234 · Rule 25A · FEMA 389/2018-RB.
- 2 pages
- 37
- Word and PDF
- 16 September 2026
What it covers
- 1Cross-border merger checklist: from structure paper to the two-year clean-ups.234 · Rule 25A · FEMA 389/2018-RB
Read the opening
The first part of the format, as it downloads. Blanks are highlighted.
Working checklist. Client: [____] · Transferor: [____] ([jurisdiction]) · Transferee: [____] · Route: [NCLT / s.233 RD] · Partner: [____]
# | Item | Owner | Due | Done |
|---|---|---|---|---|
A. Feasibility | ||||
A1 | Foreign counsel opinion: foreign law permits merger into an Indian company; foreign approvals and timetable | Foreign counsel | [__] | [ ] |
A2 | Route: s.234 NCLT or s.233 via Rule 25A(5) (foreign holding co into Indian WOS only) | Firm | [__] | [ ] |
A3 | Annexure B jurisdiction check (outbound) and FATF list at the board date | Firm | [__] | [ ] |
A4 | Sector, entry route, cap; Press Note 2 beneficial-ownership charts; FIFP prior reporting or Government approval | Firm | [__] | [ ] |
A5 | Schedule of foreign borrowings and guarantees, with a conform / convert / repay plan | Client CFO | [__] | [ ] |
A6 | Schedule of foreign assets; ODI permissibility of each; sale plan for the rest | Firm | [__] | [ ] |
A7 | FEMA history of the Indian company and ODI history of resident shareholders; compounding of any default before filing | Firm | [__] | [ ] |
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