Transfer of entire business

Viren (Legal) (47 Points)

26 October 2011  

 

Question relating to buying a private limited  company

 

A private limited company ("A") incorporated in India intends to purchase 100% of another another private limited company ("B")incorporated in India by way of either a slump sale agreement or by the sale of entire share capital of B to A  whereby B will transfer entire business to A.


1. What is the difference between the two types of purchase ? 

2. Which one is a better option to enter into ?

3. If i buy 100 % of entire share capital of B will it become a wholly owned subsidary ? (cause of 100% ownership)

3. What happens to the shares and shareholders in both the above cases.

4.Which provisions of the companies Act governs the above 2 cases.

 

Would it amount to an acquisition ? merger ? takeover ? amalgamation ?