Structuring Cross-Border Mergers and Acquisitions | Shift by MLegal
Structuring Cross-Border Mergers and Acquisitions (M&A)
At Shift by MLegal, we specialise in guiding clients through the legal, tax, and regulatory complexities of cross-border mergers and acquisitions. Whether you're acquiring a business abroad, selling to a foreign investor, or merging international operations, the success of your transaction depends on robust, forward-looking structuring.
Global M&A is no longer just about matching valuations — it’s about optimising tax outcomes, ensuring compliance, protecting IP, and integrating operations seamlessly. That's where we come in.
Why Structuring Matters in Cross-Border M&A
Each jurisdiction has its own maze of tax rules, capital gains regimes, regulatory approvals, foreign investment norms, and corporate governance requirements. Without proper structuring, you could:
- Incur excessive tax on capital gains or dividends
- Face delays due to regulatory or foreign exchange issues
- Trigger anti-avoidance provisions in one or more jurisdictions
- Fail to secure intellectual property or post-acquisition rights
- Compromise on long-term integration efficiency
Our Expertise in Cross-Border M&A Structuring
| Phase | Key Support Provided |
|---|---|
| Pre-Deal Planning | Target jurisdiction assessment, risk analysis, treaty planning, SPV formation |
| Due Diligence | Legal, financial, tax and operational audits tailored for cross-border compliance |
| Transaction Structuring | Selection of optimal route: share purchase, asset transfer, amalgamation, JV |
| Tax Planning | Minimizing withholding taxes, capital gains, and indirect tax exposures |
| Regulatory Compliance | FDI approval support, antitrust/competition filings, forex control advisory |
| Post-Deal Integration | Restructuring of entities, employment matters, intellectual property consolidation |
| Exit Planning | Structuring exit options for investors and founders with tax efficiency in mind |
Typical Structures We Advise On
- Inbound M&A into India, UAE, UK, Malta, and Singapore
- Outbound acquisitions by Indian or UAE companies
- Joint ventures with foreign investors
- Mergers of offshore holding companies
- Acquisitions via special purpose vehicles (SPVs)
- Acqui-hires and cross-border IP transfers
Our Cross-Disciplinary Approach
M&A structuring isn't just a legal exercise. Our integrated team of international lawyers, tax advisors, and business consultants bring expertise across:
- International Tax Treaties
- Corporate and Competition Law
- Intellectual Property Rights
- Foreign Exchange and Capital Controls
- Employment and Benefit Transition
- Post-Deal Entity Restructuring
Value We Add
- Reduce acquisition and operational tax burden
- Ensure compliance with multi-jurisdictional laws
- Avoid common legal traps in foreign jurisdictions
- Maximize return on investment
- Protect shareholders, IP and control rights
- Enable smoother post-deal integration
Jurisdictions We Cover
We actively advise on transactions involving:
- India
- United Kingdom
- United Arab Emirates
- Singapore
- Malta
- United States
- Canada
- European Union
- and other strategic business jurisdictions
Who We Help
- International corporates acquiring or selling group entities
- Private equity & VC firms structuring international deals
- Startups attracting foreign investment or entering new markets
- Family businesses planning succession or diversification across borders
- HNIs participating in multi-country real estate or business ventures
Recent Cross-Border Projects
| Client Type | Jurisdictions Involved | Nature of Deal |
|---|---|---|
| UAE Tech Startup | UAE ↔ India, UK | Multi-step acquisition with IP transfer |
| Indian Pharma Co | India ↔ Malta | Outbound share acquisition for tax efficiency |
| PE Fund | UK ↔ Singapore | Strategic JV with earn-out exit clause |
| HNI Family Office | India ↔ UAE, Canada | Real estate SPV structuring for cross-border investments |
Let’s Build Your Next Deal Together
Shift by MLegal is your strategic partner in global expansion and investment protection. We bring the legal depth, tax precision, and global insight needed to structure mergers and acquisitions that don’t just close — they succeed.