"Demerger is not expressly defined under the Companies Act, 2013". How does an application move before the National Company Law Tribunal (NCLT) for Demerger under the said Act?

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2018
"Demerger is not expressly defined under the Companies Act, 2013". How does an application move before the National Company Law Tribunal (NCLT) for Demerger under the said Act?

Answer & Explanation:

'Demerger', 'merger', or 'amalgamations' are not expressly defined under Companies Act, 2013. However explanation to Section 230(1) gives a clue about the word demerger. Applications are filed in accordance with sections 230 to 234 of the Companies Act, 2013 with the National Company Law Tribunal because such applications involve compromise or arrangement with creditors and members. As per the same arrangement, a reorganization of the company's share capital by consolidation of shares of different classes or by the division of shares into shares of different classes or both. Thus, said explanation indicates appropriateness to move the Tribunal.

Topics: Corporate Restructuring

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