Unit 2 & 3 mergers & amalgamation take over & acquisation
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The document discusses various types of business combinations under Indian law. It defines a merger as the combination of two or more companies through amalgamation or absorption, usually by offering stock in the acquiring company in exchange for shares in the target company. An acquisition is the purchase of a controlling interest in another company. A takeover implies acquiring control of a company through purchasing a majority of its shares. An amalgamation combines two companies into a new entity, with neither original company surviving. It is similar to a merger but results in a single new company rather than one company acquiring the other. A demerger transfers part of a company's business or assets to shareholders through a spin-off or new entity.
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Merger and acquisition
The document defines and compares mergers and acquisitions. A merger involves two companies combining to form a new entity, with shared ownership and control. An acquisition is when one company purchases another, taking control of over 51% of its shares. Mergers involve mutual cooperation between similar-sized companies, while acquisitions see a larger company take over a smaller target. Both mergers and acquisitions can provide benefits like tax savings and synergies, but may also create issues like cultural clashes.
48341855 merger-and-acquistion-3
The document discusses various types of mergers and acquisitions including horizontal mergers, vertical mergers, conglomerate mergers, and the procedures involved in mergers and acquisitions. It defines key terms such as merger, amalgamation, absorption, tender offer, asset acquisition, and joint venture. It provides examples for each type and highlights advantages such as economies of scale, increased market share and revenue, cross-selling opportunities, and tax benefits.
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There are three main types of mergers: absorption mergers where one company loses its identity and is absorbed into an existing company; consolidation mergers where two companies dissolve to form an entirely new company; and horizontal mergers where two direct competitors combine. Mergers allow companies to increase market share, diversify offerings, and reduce financial risk through greater resources. However, mergers can also fail due to issues with cultural integration, communication, and mismanagement. Acquisitions differ from mergers in that the acquired company maintains its separate identity but has new ownership and control. Takeovers refer specifically to public acquisitions where an acquiring company makes a purchase offer for all outstanding shares of the target company. Takeovers can be friendly through negotiated agreements or hostile against the
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The document discusses a proposed demerger of an existing property company into three separate businesses - Retail, London, and Outsourcing. It provides background on why the demerger is being considered, the benefits it may provide such as allowing each business to focus on its specific sector and raise capital more easily, and the progress that has been made in planning for the transition. Key details include the appointment of leadership for each new business and estimated ongoing costs of around £15 million per year to run three independent companies.
merger of punjab tractors with mahindra and mahindra ltd
Amalgamation is when two or more companies combine to form an entirely new entity, while a merger is when one company acquires another and the acquired company ceases to exist. In an amalgamation, all combining companies may lose their identities and a new company is formed, whereas in a merger the acquired company loses its identity. The document discusses a specific example of an amalgamation between Punjab Tractors Limited and Mahindra & Mahindra where PTL will merge into M&M and M&M will issue new shares to PTL shareholders based on an agreed swap ratio. The main reasons for amalgamations and mergers are to increase profits through economies of scale and risk diversification.
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A merger is a combination of two firms where one ceases to exist and the other takes over its assets and liabilities, forming an entirely new company. An amalgamation is similar but the original firms remain, with their assets and liabilities transferred to a new combined firm. An acquisition occurs when one company takes controlling interest of another, sometimes through a hostile takeover. Major recent mergers and acquisitions in India include Tata Steel-Corus, Vodafone-Hutchison Essar, and Tata Motors-Jaguar Land Rover. Companies pursue mergers and acquisitions to improve economies of scale, gain market leadership, and access new markets and technologies.
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merger of punjab tractors with mahindra and mahindra ltd
Amalgamation is when two or more companies combine to form an entirely new entity, while a merger is when one company acquires another and the acquired company ceases to exist. In an amalgamation, all combining companies may lose their identities and a new company is formed, whereas in a merger the acquired company loses its identity. The document discusses a specific example of an amalgamation between Punjab Tractors Limited and Mahindra & Mahindra where PTL will merge into M&M and M&M will issue new shares to PTL shareholders based on an agreed swap ratio. The main reasons for amalgamations and mergers are to increase profits through economies of scale and risk diversification.
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The document provides an overview of mergers and acquisitions in India, including:
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2) It explains the legal and regulatory process for M&As in India, including the letter of intent, due diligence, transition agreements, representations and warranties in the agreement, and confidentiality agreements.
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Corporations are legally distinct entities that can own property, hire workers, make contracts, pay taxes, sue and be sued, and make and sell products. To form a corporation, articles of incorporation are filed that include the corporate name, purpose, address, fundraising methods, expected funds to be raised, and names and terms of corporate officers. There are two main types of corporations: private corporations owned by individuals or groups and not offering public ownership, and public corporations owned by large numbers of investors through purchased stock shares. Corporations combine to expand either by building new facilities or through legal mergers, which unify two companies, or acquisitions, where one company purchases another.
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There are several types of mergers between companies: horizontal mergers involve similar companies merging; vertical mergers are between companies at different stages of production; and conglomerate mergers bring together unrelated industries. A merger combines two companies into a single new entity through mutual agreement, while an acquisition sees one company take ownership of another. Mergers allow for growth, diversification, synergies, and managerial benefits but also pose challenges with integration.
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This document defines and describes different types of mergers and acquisitions. It explains that in a merger, two companies combine and one ceases to exist, while in an acquisition one company obtains a majority stake in another which maintains its own structure. Common reasons for M&A include creating synergies, diversifying, pursuing growth, and eliminating competition. The document also outlines different categories of mergers such as horizontal, vertical, and conglomerate, as well as friendly, hostile, reverse, and backflip types of acquisitions.
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Mergers and acquisitions involve the combination of two or more companies. A merger combines two approximately equal-sized companies, while an acquisition sees one larger company purchase a smaller one. There are several types of mergers, including horizontal (between competitors), vertical (between companies in a supply chain), and conglomerate (between unrelated industries). Reasons for mergers and acquisitions include gaining synergies between companies, removing unprofitable business lines, focusing on core competencies, generating cash, withstanding competition, and facilitating further growth.
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A takeover occurs when one business acquires a controlling interest in another, resulting in a change of ownership. There are two main types of takeovers: friendly takeovers where management agrees to a merger, and hostile takeovers which are strongly resisted. Mergers combine two separate businesses into a new entity through an exchange of stock. Both takeovers and mergers allow companies to expand, gain efficiencies, and create value, but they also carry high costs and risks of integration failures if cultures clash.
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11 mergers and business health
Mergers and acquisitions as well as other strategic corporate partnerships like joint ventures, leveraged buyouts, and divestitures such as spin-offs and carve-outs are undertaken by companies to create value, but it is debated whether they actually achieve this goal. Different forms of corporate alliances include joint ventures, which involve two independent companies combining resources for a specific objective, and strategic alliances which are cooperative deals that stop short of a full merger. Private equity investments leverage debt to buy companies, while divestitures sell off some operating assets.
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The document discusses various types of mergers and acquisitions including horizontal, vertical, conglomerate, and concentric mergers. It provides examples for each type and explains their key characteristics. Some benefits of mergers include diversification, increased capacity and market share. However, mergers can fail due to issues with cultural integration, communication, and management. Acquisitions differ from mergers in that one company clearly takes ownership of another. Acquisitions aim to achieve economies of scale, staff reductions, new technology, and market reach. Hostile takeovers are strongly resisted while friendly takeovers have management agreement. Firms undertake takeovers to gain market growth, economies of scale, and complementing skills.
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The document provides an overview of mergers and acquisitions including definitions, types of mergers, motives for M&A, challenges, and keys to success. It defines mergers as combinations that result in a new company while acquisitions result in one company purchasing another. Various types of mergers like horizontal, vertical, and conglomerate are described. Motives include synergy, market power, and diversification. Challenges include integration difficulties and cultural clashes. Keys to success include thorough due diligence, respecting acquired company culture, and quick integration.
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The document provides an overview of mergers and acquisitions in India, including:
1) It describes different types of mergers such as horizontal, vertical, congeneric, and conglomerate mergers. It also describes different types of acquisitions such as friendly, hostile, leveraged buyouts, and bailout takeovers.
2) It explains the legal and regulatory process for M&As in India, including the letter of intent, due diligence, transition agreements, representations and warranties in the agreement, and confidentiality agreements.
3) Key steps in the M&A process include negotiating a letter of intent, conducting due diligence, drafting the merger agreement to address issues found in due dilig
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This presentation is a brief explanation about mergers and acquisition from Indian perspective and was presented by me during my tenure at Bank of America continuums, Indian.
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The document defines mergers and consolidations, with mergers absorbing one firm into another which retains its name and identity, and consolidations creating an entirely new firm. Mergers are legally straightforward but require shareholder approval. Types of mergers include stock acquisitions through tender offers contingent on obtaining a percentage of shares, and asset acquisitions requiring a shareholder vote but avoiding potential minority shareholders. The goal of mergers and acquisitions is to increase size and market value, with the latter being more difficult to achieve.
Joint stock company
A joint-stock company allows shareholders to buy and sell shares of the company's stock, with each shareholder owning stock in proportion to the number of shares they hold. Shareholders can transfer their shares to others without affecting the continued operation of the company. Joint-stock companies provide a way for shareholders to invest in a company through stock ownership.
Manu's Conglomerate Mergers
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Meaning of Merger, Amalgamation, Acquisition and Merger Types
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Similar to Unit 2 & 3 mergers & amalgamation take over & acquisation
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This document provides an overview of various types of corporate restructuring transactions under Indian law. It begins by discussing mergers and amalgamations, noting the technical differences between the two but their common use. It then covers the different types of mergers (horizontal, vertical, congeneric, and conglomerate), as well as cash mergers and triangular mergers. Next, it discusses acquisitions, including friendly takeovers, hostile takeovers, and leveraged buyouts. It also mentions bailout takeovers. Finally, it briefly outlines strategic alliances, joint ventures, and demergers as other forms of corporate restructuring.
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Amalgamation ppt
Vivek Agarwal's presentation discusses the meaning and types of amalgamation. Amalgamation is when two or more companies combine to form a new entity. It results in the dissolution of the original companies and establishment of a new company with a unique name and identity. There are two main types of amalgamation - amalgamation in the nature of a merger, where shareholders of the combining companies become shareholders of the new company, and amalgamation in the nature of a purchase, where one company purchases the other. Purchase consideration is the amount paid by the purchasing company and can be calculated in different ways such as lump sum payment or net asset value method.
Amalgamation of accounting
The document defines amalgamation as the combination of two or more companies into a new entity. During amalgamation, companies willingly come together to cooperate and diversify their businesses. After amalgamation, the original companies dissolve and lose their individual existence, instead existing jointly as a new company with a unique name, logo, and identity. Examples provided are Maruti Suzuki and TATAAIG Life Insurance. Amalgamation can provide benefits like increased capital, reduced costs, larger scale production, and avoiding competition. However, it can also result in monopoly and loss of original company goodwill and identity. There are two types of amalgamation - amalgamation in the nature of merger and amalgamation in the nature of purchase.
Mergers & Acquisitions - introduction
1. Mergers and acquisitions refer to the buying, selling and combining of different companies. There are two types of transactions - transformative which create new products or resources, and non-transformative which merely exchange existing resources.
2. Companies pursue M&A to adapt to competitive pressures, advancements in technology, and economic conditions. Mergers and acquisitions allow companies to expand their business through increased size.
3. M&A can involve mergers, acquisitions, joint ventures, and other strategic combinations between companies. The degree and nature of integration and control differentiates these transactions.
Corporate Restructuring
This document discusses various types of corporate restructuring methods including mergers, acquisitions, strategic alliances, joint ventures, demergers, divestitures, leveraged buyouts, employee stock option plans, sell-offs, equity carve-outs, and spin-offs. It provides details on each type such as definitions, examples, and reasons for using certain methods. Key points include that mergers combine two companies, acquisitions involve purchasing another company, and strategic alliances and joint ventures allow companies to partner together without fully merging.
Mergers and acquisitions an indian perspective
The document discusses mergers and acquisitions from an Indian perspective. It describes how M&A activities have grown in India over the past decade but declined significantly during the recent economic downturn. Domestic M&A deals in India have remained more resilient than cross-border deals. The document also defines key M&A concepts like mergers, amalgamations, takeovers, and joint ventures.
Corporate restructuring
Corporate restructuring refers to changes in a company's ownership, business model, assets, or alliances to improve shareholder value. It can involve reorganizing ownership, business operations, or assets. Common types of restructuring include mergers, acquisitions, divestitures, spin-offs, and joint ventures. Mergers are done horizontally within an industry, vertically with suppliers or customers, concentrically to share expertise, or conglomerately across industries. The goal is often to gain competitive advantages through economies of scale, expanded resources or markets, or reduced costs. Regulatory approval and shareholder approval are typically required for major restructuring transactions.
Mergers & acquisition
This document discusses mergers and acquisitions. It defines mergers as a combination of two or more companies into one surviving company, while acquisitions involve purchasing a controlling interest in another company. The document outlines different types of mergers like horizontal, vertical, and conglomerate mergers. It also discusses leveraged buyouts, hostile takeovers, and bailout takeovers. Some benefits of mergers and acquisitions mentioned include gaining cost efficiency, entering new markets, and improving competitiveness. Potential causes of failures include cultural differences between companies and defensive or ego-driven motivations. Several major mergers and acquisitions involving Indian companies are also briefly outlined.
Corporate restructuring
Techniques of corporate restructuring, equity carve out, reverse merger,management buy-in, management buy-out, leveraged buy-out, divestiture, liquidation,slump sale,IPR,spin-off
role of lbo and its uses
Corporate restructuring is the process of reorganizing aspects of a company to make it more competitive or move in a new direction. This document discusses various types of corporate restructuring such as mergers, acquisitions, consolidations, joint ventures, buybacks, delistings, demergers, spin-offs, split-ups, equity carve-outs, and divestitures. Examples are provided for many of these types including the Pepsi spin-off of its restaurant businesses and Reliance Industries split into five listed companies. The goals and processes involved in corporate restructuring are also outlined.
Corporate restructuring
Corporate restructuring involves reorganizing aspects of a company, such as its financial structure, assets, or management structure. This process can help a company become more competitive or adapt to changing economic conditions. Common types of restructuring include mergers and acquisitions, asset sales, spin-offs of business units, and management reorganizations. Mergers in particular allow companies to combine operations and gain strategic or financial benefits like market consolidation or cost reductions.
Mergers aurora 2003
This document discusses mergers and acquisitions and their impact on finance. It states that mergers and acquisitions allow companies to improve competitiveness by gaining market share, diversifying their portfolio, entering new markets, and achieving economies of scale. A merger integrates two companies that will share control, while an acquisition occurs when one company purchases another to gain control of it. Financial performance of post-merger companies is evaluated based on profitability, liquidity, and solvency. Mergers and acquisitions can improve liquidity, access cash resources, dispose of unneeded assets, enhance borrowing capacity, avail tax benefits, and improve earnings per share.
Monty amalgamation
Two companies, Maruti Motors of India and Suzuki of Japan, amalgamated to form a new company called Maruti Suzuki India Limited. As part of the amalgamation, Maruti Motors and Suzuki ceased to exist as individual entities, and transferred their assets and liabilities to the newly formed Maruti Suzuki. The shareholders of Maruti Motors and Suzuki received shares in Maruti Suzuki. This allowed the two companies to combine their resources and operations to form a larger automotive manufacturing company in India.
Mergers and acquisitions- by Costanzo
This ppt was used in a Legal English lesson; Universidad Católica de Cuyo sede San Luis; Seminario de Ingles Jurídico. Mergers and Acquisitions. company law.
Chapter 13-merger-acquisitions-restructuring (1)
This document provides an overview of mergers and acquisitions (M&A). It discusses the reasons and rationale for M&As, including synergistic operating economics, diversification, taxation benefits, and growth opportunities. The document also describes different types of mergers, such as horizontal, vertical, conglomerate, and reverse mergers. It explains the concept of synergy gains from M&As and how the combined value of the merging companies can be greater than the sum of their individual values.
M&a types
This document discusses various types of mergers and acquisitions, including mergers, amalgamations, acquisitions, divestitures, demergers, spin-offs, split-ups, split-offs, and carve-outs. It also discusses joint ventures and reduction of capital. Some key motivations for mergers are to diversify activities, achieve economies of scale, reduce duplicate expenses, and allow for inorganic growth. However, mergers can also reduce competition and increase market dominance, bringing potential inefficiencies.
Corporaterestructuring 130301214603-phpapp02
Corporate restructuring refers to changes in ownership, business mix, assets, and alliances to enhance shareholder value. It involves ownership restructuring, business restructuring, and asset restructuring through mergers, acquisitions, divestitures, and other methods. Mergers can be horizontal, vertical, or conglomerate. Motives for restructuring include limiting competition, utilizing underused resources, achieving economies of scale, and gaining access to new markets. Legal procedures and valuation methods are required for mergers and acquisitions.
Similar to Unit 2 & 3 mergers & amalgamation take over & acquisation (20)
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Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
MENSREA.pptx
Dr. Anjali Dixit is an associate professor. She holds the position of associate at her place of work. The document provides her name and professional titles.
Prospectus
This document provides contact information for Anjali Dixit, an assistant professor and founder of www.nyatsalegalorb.com. Dixit has expertise in company law, specifically regarding prospectuses under the Companies Act. Her contact number is provided for those seeking guidance on topics related to company law prospectuses.
DOCTRINE RELATED TO COMPANY LAW
The document discusses two doctrines related to company law:
1) The doctrine of corporate social responsibility, which holds that organizations should advance societal interests by avoiding harm and engaging in beneficial acts, traditionally categorized as environmental, ethical, philanthropic, and economic responsibilities.
2) The doctrine of alter ego, which assumes that a corporation and its shareholders/managing directors are legally equivalent or "alter egos" of each other.
Judicial reforms
The document discusses judicial reforms in India. It outlines issues with the current Indian judiciary system such as delays, pending cases, corruption, lack of transparency, inadequate judicial capacity and infrastructure. It then discusses various reforms that could help address these issues, such as improving district courts, increasing judicial capacity, better court management, faster trials, merit-based appointments and improved investigation practices. It also discusses alternative dispute resolution mechanisms in India like arbitration, conciliation, Lok Adalats and judicial settlements that can help reduce pending caseloads in courts.
General exceptions ipc
This document provides a 3 sentence summary of the document. The document is about general exceptions under the Indian Penal Code of 1860 written by Anjali Dixit, an assistant professor at the Faculty of Juridical Sciences at Rama University in Kanpur. It discusses exceptions to criminal liability under the Indian Penal Code and provides contact information for the author.
Unit 4 winding up
The Companies (Winding Up) Rules, 2020 will take effect on April 1, 2020. The rules establish a summary liquidation process for small companies with book value assets not exceeding Rs 1 crore that do not exceed certain deposit, loan, turnover, or capital thresholds. Under the rules, an official liquidator appointed by the government will close the company, take charge of its assets, and deal with claims against the company. The government may order investigations into any fraud committed by company officials during the liquidation process.
Unit 4 oppression & mismanagement
This document discusses oppression and mismanagement under the Companies Act 2013 in India. It defines oppression as unjust exercise of power that harms shareholders' legitimate expectations. Mismanagement refers to incompetent or dishonest management, like serious conflicts, illegal boards, or asset diversion. The Act allows shareholders to apply to the tribunal for relief from oppression or mismanagement. The tribunal can order remedies like regulating company affairs, removing directors, or modifying agreements. The requirements to file such applications and the limitation period are also discussed. The document explains class action suits allow shareholders to seek compensation for fraudulent conduct.
Unit 3 shareholders agreement
The document discusses shareholders agreements and related party transactions under the Companies Act 2013. It defines key terms like shareholder, shares and share capital. It outlines the main purposes of shareholders agreements which are to protect investments, establish fair relationships and govern company operations. It describes important clauses in shareholders agreements like management, non-compete, rights of first refusal and drag-along/tag-along rights. It discusses the act's provisions around free transferability of securities and enforceability of shareholders agreements. Finally, it defines related parties and covered transactions requiring board approval under the act to avoid non-compliance penalties.
Unit 1 corporate restructuring
This document discusses corporate restructuring under the Companies Act 2013 in India. It defines corporate restructuring as efforts to realign policies, programs, processes and people to serve redefined goals sustainably. The document outlines the need and scope of restructuring to achieve objectives like risk reduction and exploiting synergies. It discusses types of restructuring like financial and organizational restructuring and reasons for restructuring like changes in strategy or lack of profits. Finally, it summarizes some key features of the Companies Act regarding restructuring, including the role of the National Company Law Tribunal and requirements for creditor consent.
Meetings unit 2
Meetings are an important part of running a corporate structure according to the Companies Act, 2013. The frequency of board meetings for different types of companies is defined, requiring at minimum 4 meetings per calendar year with gaps of no more than 120 days. Directors may participate virtually through video conferencing with some exceptions. Resolutions can also be passed by circulation to directors without a formal meeting.
Mao
The memorandum summarizes the key points about altering a company's memorandum of association under the Companies Act 2013. It notes that the name, objects, liability and capital clauses can typically only be altered via a special resolution passed by shareholders. The registered office can be changed within the same city by board resolution, and between cities in the same state also requires a special resolution. The memorandum is the foundational document that defines the company's limitations and powers.
Director unit 1
This document discusses the board of directors under the Companies Act of 2013 in India. It defines key terms like director, board of directors, and provides details on their roles and responsibilities in determining company objectives, monitoring progress, appointing management, and accounting to shareholders. It outlines requirements for minimum director numbers based on company type, qualifications, appointment and removal processes, and powers of the board of directors.
Articles of association
The articles of association are a document that establishes the internal rules and regulations that govern a company. It prescribes the rules for management of the company and how it will achieve its objectives as defined in the memorandum of association. The articles of association act as a contract between the company and its members and between members themselves. It typically includes provisions regarding shares, directors, meetings, accounting practices and winding up of the company. The articles must be registered with the Registrar and include required information like share capital requirements. A company can alter its articles of association through a special resolution of members.
Introduction of company law (1)
Company legislation in India originated from English company law. The various Companies Acts passed in India have largely followed the English Acts with some modifications. Early forms of companies included merchant guilds from the 11th-13th centuries and commenda and societas partnerships. Regulated companies with royal charters granting trade monopolies emerged in the 14th century, such as the East India Company. India's first company law was passed in 1850 based on the English 1844 Act, with limited liability first recognized in 1857. Subsequent Acts in 1866, 1913, and 1956 further developed company law, largely mirroring equivalent English Acts. The Companies Act of 1956 and subsequent amendments have shaped modern Indian company law.
Criminal law
Criminal law is divided into two parts: criminal substantive laws and criminal procedures laws. Criminal substantive laws deal with the nature and elements of criminal charges. Each charge is comprised of elements that the state must prove, and these elements vary depending on the specific crime. Criminal procedures laws set out the process through which a criminal case progresses, such as through a code of criminal procedure.
Civil law
Civil law defines and protects private citizen rights through areas like contracts, torts, property, and family law. It originated from ancient Roman laws and codes. Tort law is a branch of civil law dealing with personal injury and property damage from wrongful acts, seeking monetary compensation. There are three tort categories: negligence, intentional torts, and strict liability. Negligence involves a duty, breach of duty through unreasonable actions, causation of damages. Contract law governs agreements where parties have obligations and can be liable for breach. Property law distinguishes personal and real property, addressing torts like trespass and conversion. Family law handles marriage, divorce, child custody, and other domestic issues.
Kinds of law
This document discusses the different kinds of law - substantive law and procedural law. Substantive law includes civil law and criminal law, and defines legal rights and duties. Examples of substantive laws are contract law, property law, and the Indian Penal Code. Procedural law governs how substantive laws are enforced in legal proceedings. Examples of procedural laws are the Code of Civil Procedure, Code of Criminal Procedure, and Law of Evidence. Both substantive and procedural laws work together in the legal system, with substantive law establishing legal rights and duties, and procedural law regulating how those rights and duties are enforced in courts.
What is law
Law can be defined in several ways depending on perspective. From a societal perspective, law means justice, morality, and order. From a judge's perspective, law refers to rules of the court, decrees, judgments, and injunctions. Broadly, law includes acts, statutes, regulations, orders, torts, legal theory and more. Laws are categorized as international law between nations, or municipal/national law within a nation. Municipal law is further divided into public law such as constitutional, administrative, and criminal law, and private law involving persons, property, obligations, and conflict of laws.
Professional ethics unit i
The document discusses the historical development of the legal profession in India from ancient times through the British colonial period and after independence. It describes how the legal profession evolved from tribal dispute resolution systems to a modern profession regulated by the Advocates Act of 1961, which established the Bar Council of India and State Bar Councils to oversee legal practice. The key functions and composition of the Bar Council of India are also outlined.
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Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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Unit 2 & 3 mergers & amalgamation take over & acquisation
- 1. Mergers & Amalgamation Under the Companies Act, 2013 By Anjali Dixit Assistant Professor Facultyof JuridicalSciences Rama University
- 3. Mergers & Amalgamation Merger Merger is the combination of two or more companies which can be merged together either by way of amalgamation or absorption. The combining of two or more companies, is generally by offering the stockholders of one company securities in the acquiring company in exchange for the surrender of their stock.
- 4. Mergers & Amalgamation Acquisition Acquisition is general sense is acquiring the ownership in the property. In the context of business combinations an acquisition is the purchase by one company of a controlling interest in the share capital of another existing company.
- 5. Mergers & Amalgamation Takeover Takeover implies acquisition of control of a company which is already registered through the purchase or exchange of shares. Takeover takes place usually by acquisition or purchase from the shareholders of a company their shares at a specified price to the extent of at least controlling interest in order to gain control of the company.
- 6. Mergers & Amalgamation Amalgamation An amalgamation is a combination of two or more companies into a new entity. Amalgamation is distinct from a merger because neither company involved survives as a legal entity. Instead, a completely new entity is formed to house the combined assets and liabilities of both companies. The term amalgamation has generally fallen out of popular use in countries like the United States, being replaced with the terms merger or consolidation. But it is still commonly used in countries like India. Types of Amalgamation One type of amalgamation similar to a merger pools both companies’ assets and liabilities, and the shareholders’ interests together. All assets of the transferor company become that of the transferee company.
- 12. Mergers & Amalgamation Demerger A demerger can take place through a spin-off by distributed or transferring the shares in a subsidiary holding the business to company shareholders carrying out the demerger. The demerger can also occur by transferring the relevant business to a new company or business to which then that company's shareholders are issued shares