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Section 391(4) of Companies Act 1956
15-Apr-2023 (In Corporate Law)
As per section 391(4) of old Companies Act 1956, there was a provision to affix order of Merger and Amalgamation with Memorandum and Article of Association. Now This old act is replaced with New Companies Act 2013 and Corresponding section is 230. Please suggest is it necessary to affix that order today also with MOA and AOA. As per section 230(8) of companies act 2013 we have to intimate only to ROC.
Yes you can affix MOA and AOA alongwith application for merger, notice of admission, affidavit, and a copy of merger/ amalgamation is to be filed. CG and ROC and IT department need to be informed accordingly. Publication in two news papers is also required.
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Adv. Arun Singh
Gurgaon | 100+ Answers
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