Rama Khadi Industries Ltd. is a fully owned subsidiary of Karishma Gramudyog Ltd. a State Government Company. The State Govt. took a policy decision to amalgamate the former with the latter. Illustrate briefly the steps
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2019
Rama Khadi Industries Ltd. is a fully owned subsidiary of Karishma Gramudyog Ltd. a State Government Company. The State Govt. took a policy decision to amalgamate the former with the latter. Illustrate briefly the steps to be taken in the matter.
Answer & Explanation:
In respect of compromise, arrangement or amalgamation of Government companies, it is not the Tribunal but the Central Government that approves such schemes. Unlike Companies Act, 1956, wherein approval by Central Government was pursuant to Section 621A of the said Act. Notification of Section 233 of the Companies Act, 2013 specifies the procedure for amalgamation etc. of certain companies that include Government companies. Section 233 has been made effective since December 2016 and relevant Rule 25 of Companies (Compromise, Arrangements and Amalgamations) Rule, 2016. Government has not come out with any new policy as stated under Section 237, hence existing policy prevails.
Topics: Amalgamation
Related Questions in this Topic
- The Tribunal can modify transfer date proposed in a scheme of amalgamation. Examine and explain the statement citing rel...
- The amalgamated company has to issue new shares to Non-resident Indians in amalgamation and for that it has to obtain pe...
- "Effective Insolvency Law Systems have a number of aims and objectives." Explain with reference to World Bank principles...
- RPL Bank extended a term loan to Inspire Ltd. Debt Recovery Tribunal (DRT) has issued order against the company for reco...
- Give a short note on "Effect of recognition of a foreign main proceeding" under the UNCITRAL Model Law.