Cross-border merger definitions distinguish inbound and outbound transactions by resultant company, while identifying approval competence and eligible foreign jurisdictions.

Regulation 2 defines cross-border mergers as mergers, amalgamations or arrangements between Indian and foreign companies under the applicable Companies Rules. Inbound mergers result in an Indian company, whereas outbound mergers result in a foreign company. The resultant company assumes the assets and liabilities of the participating companies. For outbound mergers, the foreign company must be incorporated in a specified jurisdiction. Competent Authority means an authority empowered under company law to approve a merger or amalgamation scheme, while undefined expressions take their meanings from the Foreign Exchange Management Act, 1999.

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