Merger query

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Querist : Anonymous

Querist : Anonymous (Querist)

18 November 2011 Can 2 unregistered partnership firms be merged?

bhupender soni

bhupender soni (Expert)
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18 November 2011 Under the company act -1956 no definition given regarding merger and amalgamation this all came under the compromise and reconstruction of company u/s 391 to 396
NOW come to your question – according to above said section if any company either Indian or foreign and registered or unregistered companies if they wound up in future, then they have option to merger or whatever after appropriate legal procedure
Trust ,NGO ,and proprietorship cant merge according to company act -1956

Querist : Anonymous

Querist : Anonymous (Querist)

19 November 2011 But it was a question of Partnership Firm and not a Company. Is there any provision under Partnership Act which speaks about unregistered partnership firms merger.

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RG - A Helping Hand

RG - A Helping Hand (Expert)
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22 November 2011 For an unregistered firm i dont think there is any restriction.

After merger I would advise you to get your firm registered with a properly drafter partnership deed.

bhupender soni

bhupender soni (Expert)
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03 January 2012 dear
Seaton 390 covers all companies registered under the provisions of company’s acts -1956. It also includes all unregistered or other companies in respect of which winding up orders can be made by a court under the provision of the act
In your case. unregistered partnership firm is not came under the section of 390a-394 company act -1956