Merger issue
This query is : Resolved
28 July 2025
Sir
A Govt Company (registered under Companies Act) acquire a society (which shown as a project of the Government)
.My query is as the society is not come under Companies Act does such acquisition require sanction from NCLT under Companies Act?
Regards
Abhijit
A Govt Company (registered under Companies Act) acquire a society (which shown as a project of the Government)
.My query is as the society is not come under Companies Act does such acquisition require sanction from NCLT under Companies Act?
Regards
Abhijit
29 July 2025
NCLT approval is required when a "scheme of arrangement" or merger/amalgamation is proposed between two or more companies under sections 230-232 of the Companies Act, 2013.
A society registered under the Societies Registration Act is legally distinct from a company under the Companies Act. Societies do not fall under the jurisdiction of the Companies Act or NCLT’s merger/amalgamation provisions.
The acquisition of a society by a government company is not a merger between companies within the meaning of the Companies Act, so the process and mandatory NCLT sanction do not apply.
A society registered under the Societies Registration Act is legally distinct from a company under the Companies Act. Societies do not fall under the jurisdiction of the Companies Act or NCLT’s merger/amalgamation provisions.
The acquisition of a society by a government company is not a merger between companies within the meaning of the Companies Act, so the process and mandatory NCLT sanction do not apply.
29 July 2025
Sir
My sincere thanks to you for your view particularly it confirm my thought.
Abhijit
My sincere thanks to you for your view particularly it confirm my thought.
Abhijit
29 July 2025
Good Luck...
29 July 2025
Sir
My sincere thanks to you for your view particularly it confirm my thought.
Abhijit
My sincere thanks to you for your view particularly it confirm my thought.
Abhijit
Message likes :
1 times
29 July 2025
My pleasure.
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