Legal Insights

Due Diligence in Cross-Border M&A: Indian Regulatory Landmines

Cross-border acquisitions involving Indian assets require careful navigation of FDI policy, sectoral caps, competition clearance, and downstream compliance obligations.

2026-04-14 1 min read
Corporate Law

Cross-border M&A transactions with an India nexus present a distinctive diligence profile. Beyond financial and commercial assessment, acquirers must evaluate foreign direct investment route eligibility, sectoral caps, pricing guidelines, and downstream licences that may transfer or terminate on change of control.

Competition Commission filings, exchange control reporting, and tax structuring assumptions should be integrated into diligence workstreams early. Real estate holdings, legacy litigation, labour liabilities, and environmental compliance can materially affect valuation and closing conditionality if discovered late in the process.

Seller representations alone rarely suffice where regulatory approvals or third-party consents are required post-signing. Buyers should map a realistic closing timetable with Indian counsel, local management, and global deal teams to avoid stranded signing risk.

Lawfy & Co partners with international firms and strategic acquirers on India-specific due diligence, regulatory filings, and post-merger integration compliance—delivering commercially pragmatic advice across corporate, tax, employment, and dispute risk dimensions.