In this regard, the Act is liberally drafted, allowing companies significant flexibility to design the merger transaction according to their needs.
As a result, shareholders of the merging entities may receive shares in an entity other than the merged entity, such as the holding company of the merged entity, as consideration.
This feature enables transactions to be structured in various ways to achieve specific objectives, similar to transaction structures commonly employed in M&A in the USA, like the "triangular merger" (acquiring company forms a subsidiary to merge with the target company with the subsidiary remaining in existence as the surviving company) or the "top hat” or “double-dummy” structure (a merger structure comprised of a newly created holding company with two subsidiaries, with one subsidiary merging into buyer and the other subsidiary merging into the target so that, upon completion of the transaction, the two entities that result from these two mergers become wholly owned subsidiaries of the holding company).