Wednesday 28 December 2016

NBFC License Note on Takeover of NBFC

Note on Takeover of NBFC

INTRODUCTION

‘Takeover’ implies acquisition of control of a company which is already registered through the purchase or exchange of shares. Takeover takes place usually by acquisition or purchase from the shareholders of a company their shares at a specified price to the extent of at least controlling interest in order to gain control of the company.

‘Statutes involved in Takeover’

The takeover could take place through different methods. A company may acquire the shares of a unlisted company through what is called acquisition under as per the Companies Act, 2013. However where the shares of the company are widely held by the general public, it involves the process as set out in the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, as amended in 2002, 2004 and 2006.

The term ‘Takeover’ has not been defined under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, the term basically envisages the concept of an acquirer taking over the control or management of the target company. When an acquirer, acquires substantial quantity of shares or voting rights of the target company, it results in the Substantial acquisition of Shares. Reserve Bank of India regulations 'Non-Banking Financial Companies (Approval of Acquisition or Transfer of Control) Directions, 2015

SCOPE OF SERVICES TO BE RENDERED:

i)  Arrangement of requisite details and documents of Seller Company to Buyer Company
ii) Consulting for Management change process and compliances
iii) Company Law Compliances
iv) Reserve Bank of India Compliances
v) RBI (NBFC) Department liasoning and change of management with object if any

Other Scope of work if required (Excluded currently in scope of work):
a)      Shifting of registered office from Kolkata to Pune or Mumbai as per requirements of acquirer Company.
b)      Due diligence of Company if required

PLACE OF RENDERING SERVICES:


The place of rendering services generally shall be our office situated at 496/B, 2nd Floor, Near KCC Classes, Kasba Peth, Pune-411011

Pramodkumar R. Ladda 
Company Secretary 

Tel: +91-20-24570055 | Office Cell : +91- 9404923393, 8624919609, 9175395604 
Personal Mob. : +91- 9922735476, 9595271145 Skype id: pramodladda
Ladda Bhutada & Associates : 2nd Floor, OM Apartment, SR No. 496/B, KCC Classes Lane,
Opp. R. M. Kabara Electricals & Rale Estate, Kasba Peth, Pune - 411011 Maharashtra, India.

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