8860712800 9870310368

Cross-border Transaction Advisory Services

Cross-border Transaction Advisory Services

Contact Enterslice today to avail our specially curated Cross-Border Transaction Advisory Services for end-to-end assistance in carrying on their business activities without non-compliance with any legal & compliance requirements.

Package inclusions:
  • Conduct Due Diligence of the related transactions
  • Provides end-to-end assistance in the Transaction process
  • Assistance in framing business model review
  • Assist in drafting legal documents
  • Assist in identifying transaction-related risk
  • Provides advisory on mitigating risks associated with the transaction
  • Provides Legal, Tax and Compliance Advisory
Cross-border Transaction Advisory Services

What is Cross-border Transaction Advisory Services

Cross-border transaction advisory services are designed to help companies navigate various legal, cultural, and regulatory differences that exist between countries when conducting business internationally. These services can include a wide range of activities, such as Due Diligence, risk assessment, legal and financial structuring, and negotiation support. The goal of cross-border transaction advisory is to help companies make informed decisions and successfully undertake international transactions.

Essential Aspects of Cross-Border Transaction Advisory

  • Due Diligence

Due Diligence is the process of thoroughly investigating a company or asset before a transaction is completed. This includes financial, legal, and operational due Diligence, as well as cultural and regulatory assessments. Due Diligence is important in cross-border transactions as it can help identify potential risks and opportunities, allowing companies to make informed decisions. Due Diligence will help companies to understand the company or assets they are buying and the associated risk attached to that purchase.

  • Risk Assessment

Risk assessment is the process of identifying and evaluating the potential risks associated with a cross-border transaction. This can include assessing the political and economic stability of the country where the transaction is taking place, as well as evaluating the legal and regulatory environment. The risk assessment process will help companies to identify and mitigate risks, allowing them to make informed decisions and successfully complete international transactions.

  • Legal and Financial Structuring

Legal and financial structuring are critical components of cross-border transactions. This can include the selection of the appropriate legal entity and jurisdiction and the negotiation of terms and conditions. Legal and financial structuring can help companies mitigate risk and ensure that the transaction is structured in a way that maximises the potential for success. This is done by selecting the right legal structure to minimise tax and regulatory burden and to ensure compliance with local laws and regulations.

  • Negotiation Support

Negotiating with foreign partners can be challenging due to cultural and language differences. Cross-border transaction advisory can provide negotiation support, including assistance with language translation and cultural sensitivity training. This can help companies to effectively communicate and negotiate with foreign partners which subsequently increases the chances of a successful transaction. This includes advice and support on how to negotiate with foreign partners and how to close the deal.

Why is Cross-Border Transaction Advisory Important?

Cross-border transaction advisory is important for several reasons, including identifying and mitigating risks, navigating cultural differences, and effectively communicating and negotiating with foreign partners.

  • Risk Mitigation

Conducting business internationally can be risky, as companies may need to familiarize themselves with foreign country's legal and regulatory environments. Cross-border transaction advisory can help companies identify and mitigate these risks by providing due diligence and risk assessment services. This can include assessing the political and economic stability of the country where the transaction is taking place, as well as evaluating the legal and regulatory environment. By identifying and mitigating risks, companies can make informed decisions and successfully complete international transactions.

  • Legal and Financial Structuring

Legal and financial structuring are critical components of cross-border transactions. This can include the selection of the appropriate legal entity and jurisdiction, as well as the negotiation of terms and conditions. Legal and financial structuring can help companies mitigate risk and ensure that the transaction is structured in a way that maximises the potential for success. This is done by selecting the right legal structure to minimise tax and regulatory burdens and to ensure compliance with local laws and regulations.

  • Cultural Differences

Navigating cultural differences can be a major challenge when conducting business internationally. Cross-border transaction advisory can provide assistance with cultural sensitivity training and language translation, which can help companies effectively communicate and negotiate with foreign partners. This can include advice on cultural norms and customs, as well as strategies for building trust and establishing long-term relationships with foreign partners.

  • Regulatory Compliance

Complying with foreign regulations can be a major challenge for companies conducting business internationally. Cross-border transaction advisory can provide support with regulatory compliance, including assistance with obtaining licenses and permits, as well as navigating complex regulations and laws. This is especially important for companies that are entering new markets and are not familiar with local laws and regulations.

  • Tax Planning

Cross-border transactions can significantly impact a company's tax situation and lead to unexpected tax liabilities. Cross-border transaction advisory can provide support with tax planning, assistance with minimising tax liabilities and maximising tax benefits. This can include advice on tax treaties, withholding taxes, transfer pricing, and other tax-related matters.

  • Post-Transaction Integration:

Cross-border transaction advisory can also provide support with post-transaction integration, including assistance with integrating the acquired company into the parent company's operations. This can include support with HR, IT, and other operational matters.

Overall, cross-border transaction advisory is important because it can help companies navigate the complexities of international business and successfully complete cross-border transactions. By providing support with Due Diligence, risk assessment, legal and financial structuring, negotiation support, regulatory compliance, tax planning, and post-transaction integration, companies can make informed decisions, minimise risk, and increase the chances of success in their cross-border transactions. Our Cross-Border Transaction Advisory Services will assess the business transaction and identify & implement such measures to make the transaction successful.

Types of Cross-Border Transactions

There are several types of cross-border transactions that companies may engage in, including:

  • Mergers and Acquisitions (M&A)

 This type of transaction involves the purchase or merger of a foreign company. This can include acquiring a controlling interest in the target company or purchasing the entire company. M&A can be a complex process, as it involves assessing the target company's value, negotiating the purchase price, and completing due Diligence. M&A can also be a way for companies to quickly enter new markets, acquire new technology or products, or gain access to new distribution channels.

  • Joint Ventures

This type of transaction involves the formation of a partnership between two or more companies from different countries. Joint ventures can take many forms, including equity joint ventures, where the partners contribute capital and share in the profits, and contractual joint ventures, where the partners collaborate on a specific project or activity. Joint ventures can be a way for companies to share risks and costs and gain access to new markets, technology, or products.

  • Licensing and Franchising

This type of transaction involves the granting of rights to use a company's intellectual property or business model in a foreign country. Licensing can include the granting of patents, trademarks, or copyrights, while franchising can include the granting of the right to use a business model and brand name. Licensing and franchising can be a way for companies to generate revenue from their intellectual property and for foreign companies to enter new markets.

  • Foreign Direct Investment (FDI)

This type of transaction involves establishing a new business or acquiring an existing business in a foreign country. FDI can take many forms, including Greenfield investment, where a new business is established, and brownfield investment, where an existing business is acquired. FDI can be a way for companies to enter new markets, acquire new technology or products, or gain access to new distribution channels.

  • Cross-border Trade

This type of transaction is when a company or individual buys or sells goods or services across national borders. This type of transaction is the most common cross-border transaction, and it can be done through various channels such as e-commerce, wholesale, and retail.

  • International Portfolio Investment

This type of transaction is when a company or individual buys or sells securities such as stocks, bonds, and derivatives across national borders.

Our Cross-Border Transaction Advisory services are equipped with a lot of professionals who provide relevant advice based on relevant business objectives.

Types of Cross-Border Services 

Enterslice is a business advisory firm that provides cross-border transaction advisory services to many of its clients located in many parts of the world. We offer a wide range of services to help companies successfully navigate through the complexities of international business. We serve as a single point of contact for Cross-Border Transaction Advisory Services on a variety of subjects, including:

  • Business Model Review

Our Business Model Review Service involves a comprehensive analysis of a company's current business operations, strategies, and processes. We will identify areas of improvement and provide recommendations for changes that will put the company in a better position in the international market. Our business model review service will include identifying new revenue streams, cost-saving measures, and ways to optimise operations.

  • Transaction Structuring

Our Transaction Structuring Service involves assisting companies with the legal and financial aspects of cross-border transactions. This can include selecting the appropriate legal entity and jurisdiction, as well as negotiating terms and conditions with them. We will structure the transaction in a way that maximises the potential for success and minimises the risk, which increases the chances of a successful transaction.

  • Tax Advisory

Our Tax Advisory Service involves providing support with tax planning, including assistance with minimising tax liabilities and maximising tax benefits. This includes providing advice on tax treaties, withholding taxes, transfer pricing, and other tax-related matters. Our tax experts will also help companies to comply with local tax laws and regulations and to structure the deal in a tax-efficient way.

  • Legal Advisory

Our Legal Advisory Service includes providing support with legal matters related to cross-border transactions, including compliance requirements with foreign rules & regulations and related laws. We will assist the entity in drafting and reviewing legal documents, including purchase agreements, and further help the companies to navigate complex legal issues.

  • Human Resources Management

Our Human Resources Management Service includes providing support with managing human resources in the context of cross-border transactions. This can include assistance with recruiting, training and integrating employees from different countries and cultures. We will provide advice on labour laws and regulations, as well as handle all the disputes related to employee relations.

  • Supply Chain Advisory

Our Supply Chain Advisory Service includes providing support in managing the supply chain in the context of cross-border transactions. This can include assistance with logistics, sourcing and production. We help companies identify and mitigate supply chain risks and further optimise their operations.

  • Sustainability Advisory

Our Sustainability Advisory Service includes providing support with integrating sustainability into cross-border transactions. This can include assistance with environmental, social, and governance-related matters. We will help the companies align their cross-border transactions with sustainable development goals and integrate sustainable practices into their operations. This will include conducting an Environmental Impact Assessment (EIA) of a transaction and identifying opportunities for reducing carbon footprint, evaluating the transaction's social impact, and identifying opportunities for community engagement and development.

  • Risk Management

Our Risk Management Service includes providing support with identifying and mitigating risks associated with cross-border transactions. This can include assessing the political and economic stability of the country where the transaction is taking place, as well as evaluating the legal and regulatory environment. We will assist the companies in identifying and mitigating risks related to the supply chain, operations, and other areas of the business.

By offering a wide range of services and serving as a single point of contact, we can help companies navigate the complexities of cross-border transactions and increase their chances of success. Our team of experts can provide support and guidance in all aspects of a cross-border transaction, from Due Diligence to post-transaction integration. We can help companies identify opportunities, minimise risks, and optimise their operations to achieve their objectives.

Frequently Asked Questions

A cross-border transaction means any transaction that involves two or more countries. In India, cross-border transactions are primarily governed by Foreign Exchange Management Act 1999 and Income Tax Act 1961.

Cross-border transaction advisory is important because it can help companies identify and mitigate risks, navigate cultural differences, and effectively communicate and negotiate with foreign partners. It can also assist with legal and financial structuring, tax planning, and post-transaction integration, which can increase the chances of a successful transaction.

There are several types of cross-border transactions that companies may engage in, including mergers and acquisitions (M&A), joint ventures, licensing and franchising, foreign direct investment (FDI), cross-border trade and international portfolio investment.

The international cross-border transfer payments are of two types which are categorised as wholesale cross-border payments and retail cross-border payments.

Due Diligence is the process of thoroughly investigating a company or asset before a transaction is completed. This can include financial, legal, and operational due Diligence, as well as cultural and regulatory assessments. Due Diligence is important in cross-border transactions because it can help identify potential risks and opportunities, allowing companies to make informed decisions.

The threshold limit of cross-border wire transfer reports is Rs 5 Lakhs or its equivalent in foreign currency.

The most common cross-border payment methods include Bank transfers, Credit Card payments and eWallets.

The outbound merger in the cross-border transaction means that an Indian company will merge with a foreign company and consequently, all the properties, assets, liabilities and employees of the Indian company will be transferred to the forging company and vice versa.

Related Articles

Related Articles
09 Dec, 2022
RBI Notification

Key Takeaways from the RBI Governor’s Statement: December 7th 2022

The Governor of the country's apex bank, Mr Shaktikanta Das, on Wednesday, December 7th 2022, issued a statement that sought to summarise the current econo...

Read More
23 Nov, 2022
Company Share Transfer

Detailed Analysis of Phantom Stock Option

Employees play a crucial role in the growth and success of any organisation. There has been an increase in the no. of start-ups, booming e-commerce al...

Read More
18 Nov, 2022
RBI Notification

Agency Commission for Direct Tax Collection: RBI Notification

RBI has issued a new notification vide CIRCULAR NO RBI/2022-23/136 CO.DGBA.GBD.No.S957/43-33-005/2022-2023 on 14.11.2022, has directed the agency banks to...

Read More
17 Nov, 2022
PMLA

Arrest under PMLA and Rights of the Accused

The concept of money laundering has existed for years; however, there was no dedicated law in India to deal with it until 2002, when the Prevention of Mone...

Read More

Why Enterslice?

Top 100 Most Innovative Companies in Asia

Top 100 Most Innovative Companies in Asia - Red Herring

Forbes 30 Under 30 in American business

Forbes 30 Under 30 in American business and industry figures Lists.

Services delivered by 300+ Qualified CA and CS

Services delivered by 300+ Qualified CA and CS

Top 100 Most Innovative Companies in Asia - Red Herring

Top 100 Most Innovative Companies in Asia - Red Herring

Trusted Partner