Ganga Infrastructure Ltd. is an Indian Company with its Registered office at New Delhi. Michle Inc is an incorporated company in New York. Ganga Infrastructure Ltd. proposes to merge the business of Michle Inc with its b

Section 234 of the Companies Act, 2013 enables merger or amalgamation with a foreign company. All the provisions relating to merger or amalgamation as in the case of domestic companies shall apply with required modifications. A foreign company may be a company or body corporate incorporated outside India irrespective of whether it has a place of business in India. A foreign company incorporated outside India can be merged with in India only with prior permission from Reserve Bank of India (RBI). Thus, in the instant case, for Ganga Infrastructure Ltd. (an Indian company) to merge the business of Michle Inc (a US-incorporated company) with its business in India, the prior permission of the Reserve Bank of India (RBI) is required.