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Test: Merger & Amalgamation of Companies(Section 232) - B Com MCQ


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10 Questions MCQ Test - Test: Merger & Amalgamation of Companies(Section 232)

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Test: Merger & Amalgamation of Companies(Section 232) - Question 1

Which section of the Companies Act allows for the Tribunal's power to call a meeting of creditors or members in relation to the merger or amalgamation of companies?

Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 1
Section 232(1) of the Companies Act empowers the Tribunal to call a meeting of creditors or members when an application is made for the sanctioning of a compromise or arrangement proposed for the purpose of a scheme involving the merger or amalgamation of companies.
Test: Merger & Amalgamation of Companies(Section 232) - Question 2

According to Section 232(3) of the Companies Act, what can the Tribunal order after satisfying itself that the procedure has been complied with?

Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 2
Under Section 232(3), after ensuring compliance with the prescribed procedure, the Tribunal may sanction the compromise or arrangement and make provision for various matters. This includes the transfer of shares, debentures, policies, or other instruments to shareholders of the transferor company by the transferee company.
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Test: Merger & Amalgamation of Companies(Section 232) - Question 3

In the context of a merger or amalgamation scheme, what documents are required to be circulated for a members/creditors meeting?

Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 3
Section 232(2) mandates that for a members/creditors meeting, companies are required to circulate documents including the draft of the proposed terms of the scheme and a report adopted by the directors explaining the effect of the compromise on different stakeholders, including shareholders, key managerial personnel, promoters, and non-promoter shareholders.
Test: Merger & Amalgamation of Companies(Section 232) - Question 4
What is the consequence of the registration of a scheme under Section 233(8) of the Companies Act?
Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 4
According to Section 233(8), the registration of a scheme under Section 233(3) or Section 233(7) has the effect of dissolving the transferor company without the need for a winding-up process.
Test: Merger & Amalgamation of Companies(Section 232) - Question 5
What is the key requirement for a company to be considered a "small company"?
Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 5
As per Section 2(85), a "small company" is defined as a company with a turnover not exceeding two crore rupees or such higher amount as may be prescribed, subject to certain exceptions.
Test: Merger & Amalgamation of Companies(Section 232) - Question 6
What is the primary condition for a foreign company to merge into a company registered under the Indian Companies Act?
Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 6
According to Section 234(2) of the Companies Act, a foreign company can merge into a company registered under the Act or vice versa, but this requires prior approval from the Reserve Bank of India (RBI).
Test: Merger & Amalgamation of Companies(Section 232) - Question 7
In the context of a scheme of merger or amalgamation, what does a "declaration of solvency" refer to?
Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 7
A "declaration of solvency" in the context of a scheme of merger or amalgamation is a declaration made by each of the companies involved, indicating their ability to meet their respective financial obligations and pay off their debts. This declaration is filed with the Registrar as part of the procedural requirements for the scheme.
Test: Merger & Amalgamation of Companies(Section 232) - Question 8
What is the primary purpose of filing an application with the Registrar under Section 233(11) of the Companies Act?
Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 8
Section 233(11) requires the transferee company to file an application with the Registrar, along with the scheme, indicating the revised authorized capital and paying the prescribed fees due on the revised capital. This helps in updating the Registrar about the changes in the company's capital structure due to the merger or amalgamation.
Test: Merger & Amalgamation of Companies(Section 232) - Question 9
Which section of the Companies Act deals with the merger or amalgamation of two or more small companies or between a holding company and its wholly-owned subsidiary?
Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 9
Section 233 of the Companies Act outlines the simplified procedure for the merger or amalgamation of two or more small companies, or between a holding company and its wholly-owned subsidiary company.
Test: Merger & Amalgamation of Companies(Section 232) - Question 10
What is the significance of the provision in Section 233(10) that prohibits a transferee company from holding any shares in its own name or trust?
Detailed Solution for Test: Merger & Amalgamation of Companies(Section 232) - Question 10
Section 233(10) prohibits a transferee company from holding any shares in its own name or trust after a merger or amalgamation. This provision aims to prevent conflicts of interest and any potential misuse of power, as the company would not hold shares that might lead to biased decision-making or self-serving actions.
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