Decoding govt's move to amalgamate Bank of Baroda, Dena Bank, Vijaya Bank

What are the key differences between a merger and an amalgamation?

Often, the terms ‘merger’ and ‘amalgamation’ are used interchangeably.

However, experts point out that a merger refers to a corporate restructuring activity of two or more companies into a single company, whereby the identity of some of the companies gets dissolved. Amalgamation, on the other hand, is a wider concept than ‘merger’, they add.

Under the Companies Act, 2013, there are two kinds of mergers — ‘merger by absorption’ and ‘merger by formation of a new company’, points out company secretary Gaurav Pingle. In the case of ‘merger by absorption’, the undertaking, property and liabilities of one or more companies, including the company in respect of which the compromise or arrangement is proposed, are to be transferred to another existing company.

In the case of ‘merger by formation of a new company’, the undertaking, property and liabilities of two or more companies, including the company in respect of which the compromise or arrangement is proposed, are to be transferred to a new company.