Share on LinkedInShare on LinkedIn

ARTICLE · 22 AUGUST 2018

Merger Of Company And LLP: Path Breaking Ruling

While determining the same, NCLT scrutinized various provisions of the relevant laws.

IndiaCorporate/Commercial Law

The National Company Law Tribunal Chennai Bench ("NCLT") through its recent landmark decision in M/s Real Image LLP with M/s Qube Cinema Technologies Private Limited has paved the way for amalgamation of a Limited Liability Partnership ("LLP") into a Private Limited Company, an issue which has not been expressly dealt with under the Companies Act, 2013 ("Act 2013"). 

Brief Facts

The brief facts of the case are that a joint company petition was made under the Section 230-232 of the Act 2013 read with the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016.  The petition sought the approval of the proposed amalgamation between a LLP and a Private Limited Company as a going concern. Both the entities involved in the present case dealt in audio and video laboratories. Both the entities complied with the requisite procedures of obtaining consent of the members and creditors and the statutory requirements of both the entities were in compliance, as was

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from