Transfer of business

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Khushbu (Querist)
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17 June 2013 Can anyone please tell me what is the procedure for transfer of business from Sec.25 Company (limited by guarantee) to an already existing Private Limited Company??

And what are the documents to be drafted?

Ajay Mishra

Ajay Mishra (Expert)
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17 June 2013 Hi

Go to the following link, it may help you:

https://www.caclubindia.com/experts/merger-and-amalgamation-of-sec-25-company-1215599.asp

The Ministry of Corporate Affairs (“MCA”) vide Circular F.No.17/178/2011-CL-V and Circular F.No.17/178/2011-CL-V has provided details on above matter.

Khushbu

Khushbu (Querist)
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18 June 2013 Dear Mr. Ajay,

Thanx for your reply.

But those are proposed guidelines. And since merger is difficult we are thinking to go for transfer of business..Any guidelines for the same??

Please guide.

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Ajay Mishra

Ajay Mishra (Expert)
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18 June 2013 No, MCA has not issued any other guidelines for merge ring with other company of section 25 company.

You can merge only with other section 25 company and not with other company.

Khushbu

Khushbu (Querist)
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18 June 2013 But Sir, I am talking about transfer of whole business, like all assets and liabilities to another pvt co. through an agreement and carrying out the business in the name of that pvt ltd. co....isn't it a good option??