In a scheme of amalgamation, it was proposed that name of the transferor company shall be deemed to be name of transferee company. The Regional Director (RD), Ministry of Company Affairs, objected to the same on the grou

CS Executive · Company Law · PYQS · June 2018
In a scheme of amalgamation, it was proposed that name of the transferor company shall be deemed to be name of transferee company. The Regional Director (RD), Ministry of Company Affairs, objected to the same on the ground that proposed name is undesirable if it is identical with or too nearly resembling name of an existing company. Decide if the stand taken by the RD is valid under the Companies Act, 2013. Reference may be made of decided case laws.

Answer & Explanation:

It has been held in earlier judgements PMP Auto Industries Ltd. that in case of amalgamation chapter of Companies Act 1956 (corresponding to chapter XV of Companies Act 2013) is a complete code in the nature of a "single window clearance" system, the object of which is to eliminate frequent applications being made to the court in order effectively to implement a scheme of amalgamation which the court sanctions in exercise of its powers. Further in case, Michelin India Private Limited High court held that a complete code by itself on the subject of arrangement/compromise and reconstruction comprehensive enough to include a change in the name consequent on the amalgamation or arrangement. Thus considering the above, in present case the objection of RD is invalid.

Topics: Amalgamation

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