The document discusses mergers and acquisitions in India. It defines a merger as a combination of two companies where one is absorbed by the other, while an acquisition occurs when a larger company takes over the shares and assets of a smaller one. It then provides examples of major M&A deals in India, including Flipkart acquiring Myntra, Sun Pharma acquiring Ranbaxy, and Tata acquiring Corus. It also outlines different types of mergers and acquisitions as well as potential benefits and challenges.
Mergers and acquisitions (abbreviated M&A) refers to the aspect of corporate strategy, corporate finance and management dealing with the buying, selling, dividing and combining of different companies and similar entities that can help an enterprise grow rapidly in its sector or location of origin, or a new field or new location.
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Mergers and acquisitions (abbreviated M&A) refers to the aspect of corporate strategy, corporate finance and management dealing with the buying, selling, dividing and combining of different companies and similar entities that can help an enterprise grow rapidly in its sector or location of origin, or a new field or new location.
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Delivered at Casual Connect USA 2016. Marketing a game developed for children comes with its challenges. Dealing with COPPA regulations in addition to the always-changing digital marketing landscape, it can be difficult to execute an effective user acquisition campaign. Learn how to embrace the challenge and run an ROI-positive campaign, with success stories and learning opportunities from the leading web-based kids game in the US, Animal Jam.
Mergers and Acquisitions Case: Kraft hostile takeover on Cadbury.
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This presentation is a brief explanation about mergers and acquisition from Indian perspective and was presented by me during my tenure at Bank of America continuums, Indian.
In today’s scenario, we come across great mergers and acquisitions of various companies generally to enhance their financial synergies for lower cost of capital, to improve the company’s performance, and for diversification for higher growth products or markets. In general terms mergers and acquisitions, we mean the consolidations of two or more companies to form one. Although M&A are used interchangeably, they come with different legal meanings, as in mergers, two companies of similar size or so combine to form a new single entity. On the other hand, an acquisition is when a larger company acquires a smaller company, thereby absorbing the business of the smaller company. Moreover, mergers and acquisitions transactions can be differentiated as a horizontal, vertical, conglomerate, etc, or determined in form as a statutory, subsidiary, or consolidations. Valuation being a significant part of M&A is a major point of discussion between the acquirer and the target company.
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
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Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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3. WHAT IS MERGER?
A merger is a combination of two or more companies where one corporation is
completely absorbed by another corporation.
WHAT IS ACQUISITION?
Acquisition essentially means ‘to acquire’ or ‘to takeover’. Here a bigger company
will take over the shares and assets of the smaller company.
4. The concept of merger and acquisition in
India was not popular until the year
1988.
The key factor contributing to fewer
companies involved in the merger is the
regulatory and prohibitory provisions of
MRTPAct, 1969. (Monopolies and
RestrictiveTrade Practices Act,1969)
The year 1988 witnessed one of the
oldest business acquisitions or company
mergers in India.
Now India has now emerged as one of
the top countries entering into merger
and acquisitions.
5. A Horizontal merger - A merger between two
companies who compete in the same industry
segment.
Example- Boeing –McDonnell Douglas
AVertical merger – A merger between two
companies producing different goods and sevices for
one specified finished products.
Example- Car manufacture purchasing a tire company
Co-generic mergers - A merger in which two or more companies in
association are some way or the other related to the production processes,
business markets, or basic required technologies.
Conglomerate Mergers – A merger between two or more companies
belonging to different industrial sectors combine their operations.
Example- PepsiCo - Pizza Hut,Tata + Sky.
6. I. Friendly acquisition - Both the
companies approve of the acquisition
under friendly terms.
II. Reverse acquisition - A private
company takes over a public company.
III. Back flip acquisition- A very rare case
of acquisition in which, the purchasing
company becomes a subsidiary of the
purchased company.
IV. Hostile acquisition - Here, as the
name suggests, the entire process is
done by force.
7. MERGER
i. Merging of two organization
in to one.
ii. It is the mutual decision.
iii. Merger is expensive than
acquisition(higher legal cost).
iv. Through merger shareholders
can increase their net worth.
v. It is time consuming and the
company has to maintain so
much legal issues.
vi. Dilution of ownership occurs
in merger.
ACQUISITION
i. Buying one organization by
another.
ii. It can be friendly takeover or
hostile takeover.
iii. Acquisition is less expensive
than merger.
iv. Buyers cannot raise their
enough capital.
v. It is faster and easier
transaction.
vi. The acquirer does not
experience the dilution of
ownership.
10. Managers overly focused on acquisitions
Integration difficulties
Large or extraordinary debt
Overly Diversified
11.
12. The seven year old Bangalore
based domestic e-retailer
Flipkart has acquired the online
fashion portal Myntra in May
2014.
Together both company heads
claimed, they were scripting
“One of the largest e-
commerce stories”
FLIPKART-MYNTRA : $300
MILLION
13. Sun Pharmaceutical Industries Limited, a multinational
pharmaceutical company headquartered in Mumbai, Maharashtra
which manufactures and sells pharmaceutical formulations and
active pharmaceutical ingredients (APIs) primarily in India and the
United States bought the Ranbaxy Laboratories
RANBAXY-SUN
PHARMACEUTICALS : $4
BILLIONS
14. • January 30, 2007
• Largest Indian take-over
• After the dealTATA’S
became the 5th largest
STEEL co.
• 100 % stake in CORUS
paying ₹428/- per share
15. TELECOM sector
11th February 2007
2nd largest takeover deal
67 % stake holding in hutch
16. June 2008
Aluminum and copper
sector
Hindalco Acquired
Novelis
Hindalco entered the
Fortune-500 listing of
world's largest
companies by sales
revenues.
17. o Pharmaceuticals sector
o June 2008
o Acquisition deal
o largest-ever deal in the
Indian pharma industry
o Daiichi Sankyo acquired
the majority stake of more
than 50 % in Ranbaxy for
Rs 15,000 crore.
o 15th biggest drug maker.
18. January 2009
Acquisition deal
Imperial energy is a
biggest Chinese co.
ONGC paid 880 per share
to the shareholders of
imperial energy
ONGC wanted to tap the
Siberian market
19. November 2008
Telecom sector
Acquisition deal
Japanese telecom giant
NTT DoCoMo acquired
26 per cent equity stake
inTataTeleservices for
about Rs 13,070 cr.
20. February, 2008
Banking sector
Acquisition deal
CBoP shareholders got
one share of HDFC
Bank for every 29
shares held by them.
9,510 crore
21. March 2008 (just a year
after acquiring Corus)
Automobile sector
Acquisition deal
Gave tuff competition to
M&M after signing the
deal with ford
24. March 2009
Merger deal
amalgamation of its subsidiary Reliance Petroleum with
the parent company Reliance industries ltd.
Rs 8,500 crore
RIL-RPL merger swap ratio was at 16:1