Section 250: Effect of certificate of amalgamation
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
250. Effect of certificate of amalgamation
(1) An amalgamation shall be effective on the date shown in the certificate of amalgamation.
[Issue 5] C35 – 150
Revised Laws of Mauritius
(2) Where the name is the same as one of the amalgamating companies,
the amalgamated company shall have the name specified in the amalgamation proposal.
(3) Subject to subsections (4) and (5), the Registrar shall remove from
the register all the amalgamating companies, other than the amalgamated
company retained under subsection (2).
(4) The property, rights, powers, and privileges of each of the amalgamating companies which have been removed from the register under subsection (3) shall continue to be the property, rights, powers and privileges of the
amalgamated company.
(5) The amalgamated company shall continue to be liable for all the liabilities and obligations of each of the amalgamating companies and all pending proceedings by, or against, an amalgamating company shall be continued
by, or against, the amalgamated company.
(6) A conviction, ruling, order, or judgment in favour of, or against, an
amalgamating company may be enforced by, or against, the amalgamated
company.
(7) Any provisions of the amalgamation proposal that provide for the
conversion of shares or rights of shareholders in the amalgamating companies shall have effect according to their tenor.
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Questions this section answers
- Does the merged company inherit all the debts of the companies that merged into it?
- Do court cases against a merging company continue against the merged company?