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Author :
Deepak Nair
Posted On 27 April 2012 at 17:27
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A company wants to acquire other company including all their assets and lliabilities. Assets include fixed and movable assets, land, building etc.
Thus, can we include the transfer of assets/property in the business transfer agreement (BTA)?? OR whether a seperate deed is required for that transfer??
If BTA is enough, then how the court fee will be calculated?
Please advise me on this.
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Expert :
Devajyoti Barman
Posted On 27 April 2012 at 17:32
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The BTA is sufficient for covering the whole deal.
But to transfer the immoveable assets a registered deed of transfer is must otherwise the transfer would be incomplete.
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Author :
Deepak Nair
Posted On 27 April 2012 at 17:54
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Thank you Barman Sir,
Then, is it required to execute a conveyance deed along with the BTA??
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Expert :
adv. rajeev ( rajoo )
Posted On 27 April 2012 at 18:39
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yes regd., conveyance deed is necessary.
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Expert :
DR.VEDULA GOPINATH
Posted On 27 April 2012 at 19:28
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HI LEARNED COLELAGUE
IT IS ESSENTIAL AND VERY VERY NECESSARY TO FOLLOW THE PROCEDURE LAID DOWN UNDER COMPANIES ACT W.R.T. TRASNFER OF FIXED ASSETS AMONG OTHERS
B.T.A. IS A SHORT CIRCUITED PROCEDURE. PLEASE FOLLOW THE PROCEDURE LAID DOWN UNDER COMPANIES ACT.
DR.VEDULA GOPINATH vgopinath2@yahoo.com 9848227926
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Expert :
Dhiren Akbari
Posted On 28 April 2012 at 11:56
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Dear Mr. Nair,
ther may be other tax savvy options also for serving the same purpose instead of going BTA. need details to work out other options.
Dhiren Akbari drest2n@yahoo.co.in
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Author :
Deepak Nair
Posted On 28 April 2012 at 11:59
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Dear Learned friends,
Thanks a lot for your valuable comments.
I would seek more advice once my research on the same completes.
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