Regulation 2 - Definitions - Foreign Exchange Management (Cross Border Merger) Regulations, 2018

Definitions 2. In these Regulations unless the context requires otherwise, - i. Act means the Foreign Exchange Management Act, 1999 (42 of 1999); ii. Companies Act means The Companies Act, 2013 ; iii. Cross border merger means any merger, amalgamation or arrangement between an Indian company and foreign company in accordance with Companies (Compromises, Arrangements and Amalgamation) Rules, 2016 notified under the Companies Act, 2013; iv. Foreign company means any company or body corporate incorporated outside India whether having a place of business in India or not; Explanation: for the purpose of outbound mergers, the foreign company should be incorporated in a jurisdiction specified in Annexure B to Companies (Compromises, Arrangements and Amalgamation) Rules, 2016; v. Inbound merger means a cross border merger where the resultant company is an Indian company; vi. Indian company means a company incorporated under the Companies Act, 2013 or under any previous company law; vii. NCLT means National Company Law Tribunal as defined under the Companies Act, 2013 or rules framed thereunder; viii. Outbound merger means a cross border merger where the resultant company is a foreign company; ix. Resultant company means an Indian company or a foreign company which takes over the assets and liabilities of the companies involved in the cross border merger; x. The words and expressions used but not defined in these Regulations shall have the same meanings respectively assigned to them in the Act.