Considering the provisions of the Companies Act, 2013 explain: What is the minimum period for which the books and papers of amalgamated companies shall be preserved and what is the compliance requirement for their dispos

CS Executive · Company Law and Practice · PYQS · December 2025
Considering the provisions of the Companies Act, 2013 explain: What is the minimum period for which the books and papers of amalgamated companies shall be preserved and what is the compliance requirement for their disposal?

Answer & Explanation:

As per section 239 of the Companies Act, 2013, the books and papers of a company which has been amalgamated with, or whose shares have been acquired by, another company under Companies Act 2013 shall not be disposed of without the prior permission of the Central Government and before granting such permission, that Government may appoint a person to examine the books and papers or any of them for the purpose of ascertaining whether they contain any evidence of the commission of an offence in connection with the promotion or formation, or the management of the affairs, of the transferor company or its amalgamation or the acquisition of its shares. Thus, there is no fixed minimum period for preservation of books and papers of amalgamated companies. The compliance requirement for their disposal is to obtain the prior permission of the Central Government.

Topics: Compromises, Arrangements and Amalgamations

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