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TVD Rajkumar (Advocate)     18 December 2008

Urgent Pls - Takeover of one co by another co

I know I shoudn't be forcing you on this but this is little urgent!

Iam in need of legal formalities  for Takeover of one co by another co. and precautions which are to be adhered to by lending bankers in such eventualities
Judgments of HCs & Supreme Court would be an added help

Thanks in advance



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 3 Replies

Rajesh Kumar (Advocate)     24 December 2008

Due diligence should be done by the lenders. Such takeover can bring additional liabilities in the balance sheet, which should be examined.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 December 2008

Mr. Rajesh is absolutely right, I do agree with him.

Y V Vishweshwar Rao (Advocate )     10 April 2009

The  Assets of the subject Company should be verified thoughly  and confirmed that they are physically existign  with out any encumbrances  and the correct value to be arrived not               withstandign the Balance Sheet Values . So also the liabilites to be verified , The  Creditors   who are advancing the amounts  to acquire another company should engage their own  team of Auditors & legal  investigators to to knw  about the Comapny and its  affairs , assets  & Liabilities .


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