In general meaning the terms merger and amalgamation are synonymous and means to combine or unite to form one organization or structure. It involves consolidation of two or more companies in which the shareholders of each company becomes the shareholders of the final amalgamated company. Such an activity is carried out for growth, expansion and diversification of business. It helps in increasing the market capitalization, reduction in cost, accessing markets globally.
An application for merger and amalgamation shall be filed with the NCLT in Form NCLT-1 by both the transferor and the transferee along with the prescribed fee. Documents for filing such an application are a notice of admission in Form NCLT-2, affidavit in Form NCLT-6, a copy of scheme and other prescribed documents. The tribunal on receipt of application shall call a meeting of board of directors, shareholders; creditors etc. and pass such order as it thinks fit.