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Legal Dictionary Amalgamation

By November 6, 2022No Comments

The merger of different entities, for example companies or trade unions, to form a new single and undifferentiated entity. Despite the number of companies bearing the name “Amalgamated Widgits”, “Amalgamated Clothing Workers Union”, etc., the word “amalgamated” is rarely used to describe a legal transaction, with merger, consolidation and corporate restructuring being the legally preferred terms for the process of merging legal entities. In accounting, mergers can also be called consolidations. On the other hand, if too much competition is excluded, the concentration can lead to a monopoly, which can be problematic for consumers and the market. It can also lead to a downsizing of the new company, as some jobs are duplicated and therefore some employees become obsolete. This also increases debt: by merging the two companies, the new entity will take over the liabilities of both companies. The second type of merge is similar to a purchase. One entity is acquired by another and the shareholders of the acquired company do not have a proportionate share of the capital of the merged company. If the purchase price exceeds the net asset value (NAV), the excess amount is recognised as goodwill. If not, they are recorded as capital reserves. A merger is a combination of two or more companies into a new entity. A merger is different from a merger because none of the companies involved survive as a legal entity.

Instead, an entirely new entity will be created to accommodate the combined assets and liabilities of both companies. Since two or more companies merge, a merger leads to the formation of a larger entity. The transferring company – the weaker company – merges into the stronger acquiring company and thus forms a completely different company. This translates into a stronger and wider customer base and also means that the newly created company has more assets. FUSION, crim. When a person commits a great crime, which includes a lesser crime, the latter merges with the first. 2. Murder, when committed by beatings, necessarily involves assault and assault; a battery, an attack; A burglary when accompanied by a criminal expropriation of personal property, theft in all these cases and in similar cases, the lesser crime merges with the greater. 3. However, if one infringement has the same character as the other, there shall be no merger; as in the case of a conspiracy to commit an offence, and the offence is subsequently committed as part of the conspiracy. Since both crimes are equally strong, there can be no legal merger.

4 towers. No. 265. In November 2015, the pharmaceutical company Natco Pharma received shareholder approval for the merger of its subsidiary Natco Organics into the company. The results of postal voting and electronic voting showed that the resolution was adopted with 99.94% in favour, 0.02% against and 0.04% invalid. The acquired company`s operations will continue after the merger. Carrying amounts are not adjusted. Shareholders of the company being acquired who hold at least 90 % of the nominal value of the shares become shareholders of the acquiring company. A type of merger – similar to a merger – combines the assets and liabilities of both companies as well as the interests of shareholders. All assets of the acquired company are transferred to those of the acquiring company. The definition of merger in United States law, as defined by lexicographer Arthur Leff in his legal dictionary, is as follows: The terms of the merger are determined by the board of directors of each company.

The plan is prepared and submitted for approval. For example, the High Court and the Securities and Exchange Board of India (SEBI) must approve the shareholders of the new company when a plan is filed. The term merger is generally no longer in common use in the United States and has been replaced by the terms merger or consolidation. But it is still widely used in countries like India. A term used in England to refer to the merger or consolidation of two companies or registered companies. In the case of the Empire Assurance Corporation (1807), L. R. 4 Eij.

In 347, the vice-chancellor said: “It is difficult to say what the word `merge` means”, I confess that at this moment I have not the slightest idea what the full legal effect of the word is. We do not find it in any legal dictionary or explained by a competent authority. But I am quite sure: that the word `merger` cannot mean that the execution of an act makes a man a partner in a company in which he was not previously a partner, under conditions which are in no way known to him and which do not correspond to those contained in the earlier act. But in Adams v. Yazoo & M. V. R. Co., 77 Miss. 194, 24 South.

200, 211, 00 L. R. A. 33 the term “amalgamation” of companies is said to be used in English business in the sense of what is commonly referred to in the United States as a “merger”, that is, the absorption of one company by another, so that it is the acquiring company that continues to exist; And it differs from “consolidation”, the meaning of which is limited to such a merger of two or more companies, which necessarily leads to the creation of a third new company. Acculturation is one of many forms of cultural contact and has closely related terms, including assimilation and fusion. Although the three words refer to changes due to contact between different cultures, there are notable differences between them. Acculturation is often linked to conquest or political expansion and is applied to the process of changing traditional beliefs or practices that occurs when the cultural system of one group replaces that of another. Assimilation refers to the process by which individuals and groups of different backgrounds acquire the basic habits, attitudes and lifestyles of an embracing culture. Fusion refers to a mixture of cultures, rather than one group by eliminating another (acculturation) or one group mixing with another (assimilation). “An amalgamation has been defined as a merger of two or more legal entities into a new continuous union with the bonds, articles and assets of the former municipalities. » Department of History and International Studies, Lokoja Federal University, Kogi State 2 Department of History and International Studies University of Nigeria, Nsukka AbstractWith a long historical context of interactions, the various ethnolinguistic groups that occupied different regions and were based on different cultural contexts, religious affiliations and political beliefs were identified by the British authority in the so-called merger of 1914. n.1) in corporate law, the amalgamation of two companies in which one company transfers all its assets to the other, which continues to exist.

In fact, one company “swallows” the other, but the shareholders of the swallowed company receive shares of the surviving company. A merger is different from a “consolidation,” in which the two companies merge to form a new company.