Query on Merger of CA Firms

[CA. Lekh Ram Nyoliwala]

Dear All,

Please throw some light on the following issues related to the above captioned subject :

1. What will be the date of incorporation of the merged firm ? Will it be the date of merger agreement or will it be the date of incorporation of the senior most firm ?

2. Will the standing & experience of the proprietor/partner of the stand alone firms will be considered for the purpose of empanelment of the merged firm?

3. Can a merger between a proprietorship firm and a CA practicing in his individual name take place ? 

Regards

Lekh Ram Nyoliwala, 

B.Com (H), A.C.A, DISA ( ICAI )

M/s L. R. Nyoliwala & Co.

Chartered Accountants
Opp. Gurudwara, Sevoke Road, Siliguri - 734001

Phone : (+91) 9832336005
Email : ca.le...@gmail.com

Website : http://lrnyoliwalaco.icai.org.in/

[CA KK Jha]

Dear LR Nyoliwala

The date of incorporation would be considered from the date of the formation of senior most firm.

Regarding your point no. 2 and 3 answer is in affirmative. 

Regarding detailed answers of your queries on merger pl go through the merger guidelines issued by the Institute. 

I attach herewith the guidelines for your ready reference. 

Thanks & Regards

CA KK Jha

Kaushlendra Kumar & Co.
Chartered Accountants
36, Maharshi Devendra Road
Akash Ganga Building, 3rd Floor,
Room No. 311, Kolkata - 700 006
Ph: 033 2259 9364 / 98302 68266



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[CA. Mohan Mittal]

Dear All

Answer of your quarries are as under:-

1. Date of incorporation will be date of incorporation of the  firm in which all firms are merging. 

2. Yes standing & experience will be consider.

3. Merger between two proprietorship or individual is not beneficial, because partnership states of the firm will be from the date of merger. 

It's my personal view

With regards

Mohan Mittal 

9811024242 

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[caad...@gmail.com]

Is it Mandatory to file Merger Form E on Non judicial Stamp Paper.

Its not clearly stated by ICAI,so can we file the form E without the stamp paper.

Regards,

Adi

[Sudip Ghosh]

Answers:

1. Date of incorporation of the merged firm will be the incorporation date of the senior most firm.

2. Yes. The original dates of the partners / proprietor of the merging firms shall be considered for all purposes.

3. In this case, merger does not take place. Normal procedure is admission of a partner / member who is practising in his individual name.

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forum4ca is a Google Group of eServe online for the benefit of CA and other professionals. It is especially meant for written discussion & circulate information within group members. The mail may contain such research/advice/opinion/information/fact provided by any member and are subject to the accuracy and of the description of facts.The forum4ca, do not claim that contains in mail/information obtained after reading as a complete and accurate disclosure of relevant facts. Further this Group’s Owner/Moderator/Member are not liable for any damages or costs suffered due to action/transaction based on information on this Group.
 
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