DECODING DEMERGER UNDER THE COMPANIES ACT, 2013: A COMPREHENSIVE ANALYSIS
Ritu Bala, Dr. Manjit Singh, Siddharth Singh
Guru Nanak Dev University, Amritsar, Punjab
Abstract
Corporate restructuring is considered very important to eliminate all financial crises and enhance the company’s performance. The management of the concerned corporate entity facing the financial crunches hires financial and legal experts for advisory and assistance in negotiation and transaction deals by the change in ownership. Such change in the company's ownership structure might be due to the takeover, merger, adverse economic conditions, adverse changes in business such as buyouts, bankruptcy, lack of integration between the divisions, over-employed personnel, etc. Under the concept of a De-merger, the outcome is a transfer by a company of one or more of its undertakings to another company. The company whose undertaking is transferred is called the De-merged company and the company to which the undertaking is transferred is referred to as the Resulting company. The concept of demerger has gained so much importance in the present globalized as well as liberalized economy demerger is recognized as the most prominent strategy of corporate restructuring, but the Companies Act, of 2013 does not prescribe the concept of demerger. The present study has significant steps as it discusses the concept of De-merger with the help of other laws. In this paper, the authors discuss the various strategies for formulating and executing corporate restructuring in India. It also highlights the legal and regulatory framework of corporate restructuring with the help of legislative provisions defined under the Company Act, of 2013.
Keywords: Corporate Restructuring, De-merger, Globalization, Merger, Spin-off.
Journal Name :
VIEW PDF
EPRA International Journal of Economics, Business and Management Studies (EBMS)
VIEW PDF
Published on : 2025-03-04
Vol | : | 12 |
Issue | : | 3 |
Month | : | March |
Year | : | 2025 |