18 January 2022
Hello sir I wanted to ask what procedure need to followed if Moowr licenced facility is disposed off under following condition. 1. If it is sold to another company and only management is changing not company name and premise. 2. If Company is merging with another company.
09 July 2024
If you are disposing of a MoWR (Ministry of Water Resources) licensed facility under the mentioned conditions, here are the procedures typically followed:
### 1. Selling to Another Company (Management Change, No Name or Premises Change)
**Procedure:**
1. **Intimation to MoWR:** - Notify the Ministry of Water Resources about the change in management. This involves informing them that the facility is being transferred to another company while retaining the same premises and possibly the same name.
2. **Documentation:** - Prepare a detailed agreement or sale deed outlining the transfer of management rights. This document should clearly state that the ownership and operation responsibilities are being transferred to the new company.
3. **Approval from MoWR:** - Seek formal approval from MoWR for the transfer of the licensed facility to the new management. This may involve submitting the sale deed or agreement and any other relevant documents as required by MoWR.
4. **Compliance:** - Ensure that all compliance requirements set by MoWR are met before and after the transfer. This includes regulatory and environmental compliance standards applicable to the facility.
5. **Update Licensing Details:** - Update MoWR records with the new management details once approval is obtained. This ensures that MoWR recognizes the new entity responsible for the licensed facility.
### 2. Merging with Another Company
**Procedure:**
1. **Notification to MoWR:** - Notify MoWR about the merger of your company with another entity. Provide details of the merger, including the name of the merging company and any changes to the management structure.
2. **Documentation:** - Submit documentation related to the merger, such as the merger agreement, board resolutions, and any other relevant documents. These should clearly indicate that the merger includes the MoWR licensed facility.
3. **Approval from MoWR:** - Obtain approval from MoWR for the merger involving the licensed facility. MoWR may require specific details or documentation related to the merged entity's capability to manage the facility according to MoWR standards.
4. **Compliance and Regulatory Approval:** - Ensure compliance with all regulatory requirements set by MoWR before and after the merger. This may involve environmental clearances, operational licenses, and other regulatory approvals.
5. **Post-Merger Updates:** - Update MoWR records with the new details of the merged entity responsible for the licensed facility. This includes updating contact information, responsible personnel, and any changes in operational procedures.
### Additional Tips:
- **Legal Counsel:** Consider consulting with legal advisors who specialize in regulatory compliance and mergers to ensure all legal aspects are covered.
- **Timely Communication:** Maintain open communication with MoWR throughout the process to avoid delays or misunderstandings.
- **Continuous Compliance:** After the transfer or merger, continue to adhere to MoWR guidelines and regulations to maintain the validity of the license and ensure smooth operations.
By following these procedures diligently, you can ensure compliance with MoWR requirements when disposing of or transferring a licensed facility under different scenarios.
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