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Rajesh Kumar (Advocate)     24 December 2008

Hostile Takeover Opportunity

In this recessionary environment, Indian Economy is set to grow at the fastest pace in the world. However, due to global meltdown in equities- particularly in emerging markets, publicly listed companies in India is available at dirt cheap prices.
This has thrown up an opportunity in acquisition and takeover of Indian companies. Recently, Temptation Food has attempted to takeover Kohinoor Foods, largest player in Basmati Rice market in India and a major exporter of rice. Kohinoor Foods also own some of the most reputed brands of basmati rice.
Although, takeover code in India is seen as non discriminatory, India has never seen widespread takeover activities. One of the fundamental reasons for this is large shareholding of government owned financial institutions in Indian companies, who are generally seen as promoters friendly. However, due to rising clout of private financial institutions, the situation is set to change.
Public companies, which have been developed on public capital, cannot be seen as private fiefdom of promoters family. When the company is not efficiently run, hostile takeovers allow efficient management to takeover inefficient management. Naturally, existing management always oppose such takeover. However, studies have shown world over that hostile takeover is in the interest of the minority shareholder, who gets good value for their investment. Further, it is also good for the companies, who get better management. If the target company is run efficiently after takeover, it is also beneficial for the country and economy as a whole.
At the current market valuation, hostile takeover opportunities are screaming. Nevertheless, even friendly takeover opportunity and private equity placement opportunity also exist. Due to severe liquidity crunch, companies are willing to offer their shares at a reasonable price. With growth of Indian economy, these can prove to be great investment opportunity.   


Learning

 6 Replies

Manish Singh (Advocate)     25 December 2008

Dear & Respected Sir,


I am extremely glad to see you after such a long time. you are a part of the backbone of this site . we always wish to be enlightened by you for a healthy grow.


the note put forth by you is really a good sign for our pofession also since if take over ar amalgamation happens they move to professionals ike us.  

PALNITKAR V.V. (Lawyer)     25 December 2008

Really true. The circumstances are most favourable for acquisition and merger, if done with foresight.

Rajesh Kumar (Advocate)     25 December 2008

I m really flattered Manish. I love this sight and people here. Just that professional commitments do force you to be absent occassionally. Merry chritsmas and and a very very happy new year.

Manish Singh (Advocate)     26 December 2008

But Sir, this is not all about Indian companies which are getting sold off or taken over by foreign co.  instead we are in a much stronger position and we are taking over foreign companies due to their (foreign Co) falling stakes in their  indian subsidiaries.  

Rajesh Kumar (Advocate)     26 December 2008

off course yes. Indian companies are in a very strong position.


However, with global meltdown in stock prices, even the prices of strong indian company has fallen to dirt cheap level. That is why this business opportunity.


You buy strong companies at dirt cheap prices.


When we say "hostile", it is not hostility towards the company, it is hostility towards the present management. Hostile takeover simply means taking control of a strong company, without the wishes of present controller.


This view has also been published by news & reviews, see the link;


https://www.newsandreviews.in/index.php/Finance/?title=hostile-takeover-opportunities-in-india-&more=1&c=1&tb=1&pb=1


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 December 2008

I do agree with palnitkar Sir that The circumstances are most favourable for acquisition and merger, if done with foresight.


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