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Rohan Sumungal (na)     12 September 2012

Acquisition of a company - 391-394 companies act

Under what circumstances is the (scheme of amalgamation) approval of the Company Law Tribunal required to be taken for a mergers and acquisition transaction? A list of circumstances in simple laguage would be appreciated.

AND

Where two Indian companies are involved (both Private Ltd) where one is acquiring the shares of the other to a tune of 90 percent over 4 equal tranches, spread over a period of 3 years, would a scheme be required to be devised and Tribunal approval sought? Are there any other regulatory requirements that the companies will have to be mindful of?



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 2 Replies

Prashant Kumar Jha (Practicing Lawyer)     16 September 2012

kindly clear whether any application has been filed before any tribunal for winding up of company or not, then the case will be clear for appropriate answer

Rohan Sumungal (na)     16 September 2012

No, no application for winding up has been filed.


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