215A. Amalgamations

Question 1

215A. Amalgamations

Answer 1

General overview
[215A.01] Sections 215A, 215B and 215C are the procedural steps that a company undertaking an amalgamation is required to follow to complete an amalgamation. Either two or more companies may amalgamate into one company, which may be one of the amalgamating companies or a new company. There are two methods of amalgamation: (a) a company undertaking an amalgamation may transfer the whole or part of its undertaking to another company or companies under s 212; or (b) it may do so under s 215A. An amalgamation under s 212 requires the court’s approval whilst that under s 215A does not require the court’s approval but a special resolution and a directors’ solvency declaration in accordance with ss 215I–215J.