Star Diagnostics purchased TallyPrime Gold

M&A Process in India: Step-by-Step Guide for Buyers and Sellers

M&A प्रोसेस गाइड: खरीदारों और विक्रेताओं के लिए

15 min read
1 January 2025
HCS

Reviewed by HCS Expert Team

Updated on 1 January 2025

What is M&A?

Merger & Acquisition (M&A) refers to transactions where ownership of companies is transferred or combined.

Types of M&A Transactions

TypeDescription
AcquisitionOne company buys another
MergerTwo companies combine into one
AmalgamationMultiple companies merge
DemergerOne company splits into multiple

M&A Process (10 Steps)

Phase 1: Preparation

Step 1: Strategy Definition

  • Define acquisition criteria
  • Identify target sectors/geographies
  • Set budget and timeline

Step 2: Target Identification

  • Screen potential targets
  • Initial outreach
  • Preliminary discussions

Phase 2: Evaluation

Step 3: Non-Disclosure Agreement

  • Exchange confidential information
  • Begin detailed discussions

Step 4: Letter of Intent (LOI)

  • Non-binding terms agreement
  • Valuation range
  • Exclusivity period

Step 5: Due Diligence

  • Financial DD
  • Legal DD
  • Tax DD
  • Commercial/Operational DD

Phase 3: Negotiation

Step 6: Valuation Final

  • Post-DD valuation adjustment
  • Working capital mechanism
  • Earnout structure (if any)

Step 7: SPA/SHA Drafting

  • Share Purchase Agreement
  • Shareholders Agreement
  • Definitive legal documents

Phase 4: Closing

Step 8: Regulatory Approvals

  • ROC filings
  • NCLT approval (for mergers)
  • CCI approval (if applicable)

Step 9: Closing

  • Share transfer
  • Payment
  • Condition precedent completion

Step 10: Post-Merger Integration

  • Team integration
  • Systems integration
  • Culture alignment

Due Diligence Checklist

Financial:

  • 3-5 years audited financials
  • Tax returns and assessments
  • Bank statements and loans
  • Debtor/creditor aging

Legal:

  • Company documents (MOA, AOA)
  • Contracts and agreements
  • Litigation pending
  • IP ownership

Tax:

  • Tax compliance history
  • Pending assessments
  • Transfer pricing issues

HCS M&A Advisory

HCS Business Solutions supports:

  • Target identification
  • Due diligence coordination
  • Valuation advisory
  • Transaction structuring
  • Regulatory filings
> Navigate M&A with HCS — expert guidance from deal to close.

Frequently Asked Questions

How long does M&A process take?
3-6 months for small deals, 6-12 months for larger ones. Depends on complexity and regulatory approvals.
What is typical M&A fee?
Usually 1-5% of transaction value, with minimum retainer. Varies based on deal size and complexity.
Is CCI approval always needed?
Only if combined turnover exceeds Rs. 1000 Cr or combined assets exceed Rs. 4000 Cr. Many deals are exempt.