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ASSOCHAM Successfully Concludes the 6th National Summit – Mergers and Acquisitions

ASSOCHAM Successfully Concludes the 6th National Summit – Mergers and Acquisitions

Building the institutions of market can help the mergers and acquisitions (M&As) process to move faster, chairperson of the Insolvency and Bankruptcy Board of India (IBBI), Mr M.S. Sahoo said at an ASSOCHAM event held in New Delhi today.

“We have not completely moved to market model as of now but IPO is a complete model hub market, takeover almost, I think if we can build institutions of market probably that will all help the M&As to move faster,” said Mr Sahoo while addressing an ASSOCHAM conference on M&As.

Highlighting how the M&A resolution process should be in hands of market participants, he said that the Insolvency and Bankruptcy Code (IBC) has segregated the commercial aspects of insolvency from judicial aspects. “The IBC has put the commercial aspects in hands of stakeholders and judicial aspects with tribunal and with all that it has put a timeline with firm consequences,” said Mr Sahoo.

“It says that if you do not do that in 180 days’ time, the company will compulsorily go into liquidation,” he added.

The IBBI chief further said that M&As are very important activities for economies of scale, economies of scope, from micro and macro point of views and it affects the rights and interests of two sets of people.

Talking about three very high level principles in M&A sector, Mr Sahoo said, “It should gel well with current reforms of last three years in Indian economy whereby we have almost moved on many matters so that decisions are taken by the parties themselves not by any third person, government or court.”

Besides, considering the era of ‘minimum government and maximum governance,’ he said, “We are looking at stakeholders who stand to lose or gain from the transaction only they should take decision, they should have incentive, motivation to do it in an orderly manner and complete it in a time-bound manner.”

He said that creation of national company law tribunals is the foremost thing that has happened as the cases have shifted from courts. “That is a huge change as it provides the opportunity to all the professionals, it has widened the scope for chartered accountants and company secretaries to practice before the tribunal.”

He also said that the tribunals have also been entrusted with the responsibility of ensuring that the processes are completed in an efficient manner. “We have had an experience of almost an year of how the tribunals have been functioning, although the merger cases got transferred only after December last year but there is still a lot of scope for improvement.”

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