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Mergers and Acquisitions of the Undertakings of Banking Companies in India: A Critical Study

By: Contributor(s): Publication details: Bangalore NLSIU 2015Description: 277pOnline resources:
Contents:
Table of Contents Declaration; Certificate; Acknowledgements; Table of Contents; List of Statutes; List of Regulations, Guidelines and Notifications; List of Cases; Chapter-1- Introduction; 1.1 Objectives of the Study; 1.2 Statement of Problem; 1.3 Research Issues; 1.4 Methodology; 1.5 Scope and Limitation; 1.6 Chapter Division; Chapter-Ii Mergers and Acquisitions: Regulatory Landscape in India; 2.1 Why Companies Engage In Mergers And Takeovers? 2.2 Motives for Mergers and Acquisitions; 2.3. Takeovers and Mergers in National Interest; 2.4. Constitutional Imperatives and Merger Laws in India; 2.5 Why Merger Regulation Necessary? ; 2.6. Merger Routes under the Indian Law; 2.7 Evolution of Corporate Restructuring Regulations in India; 2.8 Statutory Recognition of Special Provisions for Banking Companies; 2.9 Rationale of Introduction of Section 45 and Part LIC (Section 36ae To 36aj) In the Banking Regulation Act, 1949; 2.10 Compulsory Amalgamation of Banking Companies by Central Government under S.396 of the Companies Act, 195; 2.11 Comparison of Ss. 44a (7) and 45 of the Banking Regulation Act, 1949with Section 396 of the Companies Act, 1956; 2.12 Mergers and Acquisitions under the Companies Act, 1956 And 2013 - A Comparative Study; 2.13 Changes Brought To Corporate Restructuring Under The Companies Act 2013; 2.14 Bank Mergers Comparison with Company Mergers-Critique; Chapter-Iii – Bank Mergers Regulatory Regime; 3.1 Introduction; 3.2 Evolution of Banking Regulation in India; 3.3 Rationale of Separate Legal Regime for Bank Mergers; 3.4 Why Do Banks Merge? 3.5 Regulatory Frame Work for Bank Mergers In India); 3.6. Jurisprudential Basis for the Recognition of Special Provisions for the Restructuring of Banking Companies under the Banking Regulation Act, 1949 3.7. Voluntary Amalgamation of Banking Companies; 3.8 Scope of S. 44-A of the Banking Regulation Act, 1949; 3.9 Procedure of Voluntary Amalgamation among Private Sector Banks; 3.10 Judicial Treatment to Section 44A of the Banking Regulation Act, 1949-Various Facets; 3.11 Difference between Sections 44A of the Banking Regulation Act, 1949 And Section 394 of the Companies Act, 1956; 3.12 Critical Appraisal of Section 44A; 3.13 Compulsory Amalgamation under Section 45 of the Banking Regulation Act; 3.14 Acquisition of Banking Companies by the Central Government Under Part LIC of the Banking Regulation Act, 1949; 3.15 Comparison between Section 45 and 36ae of the Banking Regulation Act; 3.16 Comparison between Section 396 of the Companies Act, 1956 And Section 36ae of the Banking Regulation Act, 1949; 3.17 Restrictions on Acquisition of Shares or Voting Rights in Banking Companies; 3.18 Amalgamation of NBFCS with Banking Companies; 3.19 Amalgamation of Public Sector Banks; 3.20 Consolidation of the Regional Rural Banks; 3.21 Merger Laws of State Bank Group; 3.22 Consolidation of Co-Operative Banks; 3.23 Conclusion; Chapter-Iv- Role of Reserve Bank of India In Regulating Bank Mergers; 4.1 Introduction; 4.2 Role of RBI in Regulating, Supervising and Controlling Banks In India; 4.3 RBI Autonomy; 4.4 Judicial Review of RBI’s Power; 4.5 Comparison between Bank of England and Reserve Bank of India; 4.6 RBI’s Policy On Merger Of Banking Companies; 4.7 Role of RBI in Compulsory Merger of Private Sector Banking Companies; 4.8 Role of the Court V. RBI in Bank Mergers; 4.9 Role of Court under Section 44b of the Banking Regulation Act, 1949; 4.10 Jurisdiction of High Court in Bank Mergers; 4.11 RBI V. CCI- The Competition Law Issues In Bank Mergers and Acquisitions In India; 4.12 Is Merger Control Necessary for Bank Mergers? 4.13 Conclusion; 5 Chapter-V Employees Position during Bank Mergers; 5.1 Introduction; 5.2 Basis of Industrial Jurisprudence; 5.3 Merger Laws in India and Its Impact on Labour Force; 5.4 Locus Standi of the Employee during Merger; 5.5 The Employment Protection under Bank Merger Provisions; 5.6 Comparison of Labour Protection under Section 44a and 45 Of The Banking Regulation Act, 1949; 5.7 Protection of Employees under European Merger Control Laws; 5.8 Employment Protection during Merger in the United Kingdom; 5.9 Labour Protection during Transfer of Business in India; 5.10 Conclusion; Chapter-Vi -Bank Merger Laws in Uk, Australia And Singapore: A Comparative Study; 6.1 Introduction; 6.2 Control of Banking in the United Kingdom; 6.3 Financial Service Regulation Reforms In Uk- An Overview; 6.4 Part-Vii of Fsma on Bank Mergers in Uk; 6.5 Regulation of Bank Mergers in Australia; 6.6 Bank Mergers and Acquisitions in Singapore; Chapter-Vii -Suggestions and Conclusions 7.1 Introduction; 7.2 Over View of Chapter-I-Vi; 7.3 Financial Sector Legislative Reforms Commission in India (FSLRC): Will It Simplify the Bank Merger Laws in India? 7.4 Single Window Clearance System for Mergers and Acquisitions In India; 7.5 Problems Identified; 7.6 Suggestions; 7.7 Conclusions; List of Books; List of Articles; List of Committee Reports; List of Speeches; List of Annexure; Annexure-1 Summary of Eleven Bank Mergers in India; Annexure-Ii-List of Public Sector Banks; Annexure-Iii- List of Private Sector Banks; Annexure-Iv-List of List of Foreign Banks; Annexure –V- List of Regional Rural Banks in India; Annexure-VI- RBI Guideline on Amalgamation of Private Banks And Amalgamation between Nbfc and Banks; Annexure –Vii- Non- Banking Companies (Approval of Acquisition or Transfer of Control) Directions, 2014; Annexure-Viii- List of Bank Mergers since 1969;
Summary: Bank Mergers - Role of Reserve Bank of India Mergers and Acquisition - Banking Companies - India Mergers and Acquisition - India
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Table of Contents
Declaration;
Certificate;
Acknowledgements;
Table of Contents;
List of Statutes;
List of Regulations, Guidelines and Notifications;
List of Cases;
Chapter-1- Introduction;
1.1 Objectives of the Study;
1.2 Statement of Problem;
1.3 Research Issues;
1.4 Methodology;
1.5 Scope and Limitation;
1.6 Chapter Division;
Chapter-Ii Mergers and Acquisitions: Regulatory Landscape in India;
2.1 Why Companies Engage In Mergers And Takeovers?
2.2 Motives for Mergers and Acquisitions;
2.3. Takeovers and Mergers in National Interest;
2.4. Constitutional Imperatives and Merger Laws in India;
2.5 Why Merger Regulation Necessary? ;
2.6. Merger Routes under the Indian Law;
2.7 Evolution of Corporate Restructuring Regulations in India;
2.8 Statutory Recognition of Special Provisions for Banking
Companies;
2.9 Rationale of Introduction of Section 45 and Part LIC (Section 36ae
To 36aj) In the Banking Regulation Act, 1949;
2.10 Compulsory Amalgamation of Banking Companies by Central
Government under S.396 of the Companies Act, 195;
2.11 Comparison of Ss. 44a (7) and 45 of the Banking Regulation Act,
1949with Section 396 of the Companies Act, 1956;
2.12 Mergers and Acquisitions under the Companies Act, 1956 And 2013
- A Comparative Study;
2.13 Changes Brought To Corporate Restructuring Under The
Companies Act 2013;
2.14 Bank Mergers Comparison with Company Mergers-Critique;
Chapter-Iii – Bank Mergers Regulatory Regime;
3.1 Introduction;
3.2 Evolution of Banking Regulation in India;
3.3 Rationale of Separate Legal Regime for Bank Mergers;
3.4 Why Do Banks Merge?
3.5 Regulatory Frame Work for Bank Mergers In India);
3.6. Jurisprudential Basis for the Recognition of Special Provisions for the Restructuring of Banking Companies under the Banking
Regulation Act, 1949
3.7. Voluntary Amalgamation of Banking Companies;
3.8 Scope of S. 44-A of the Banking Regulation Act, 1949;
3.9 Procedure of Voluntary Amalgamation among Private Sector
Banks;
3.10 Judicial Treatment to Section 44A of the Banking Regulation
Act, 1949-Various Facets;
3.11 Difference between Sections 44A of the Banking Regulation Act,
1949 And Section 394 of the Companies Act, 1956;
3.12 Critical Appraisal of Section 44A;
3.13 Compulsory Amalgamation under Section 45 of the Banking
Regulation Act;
3.14 Acquisition of Banking Companies by the Central Government
Under Part LIC of the Banking Regulation Act, 1949;
3.15 Comparison between Section 45 and 36ae of the Banking
Regulation Act;
3.16 Comparison between Section 396 of the Companies Act, 1956 And
Section 36ae of the Banking Regulation Act, 1949;
3.17 Restrictions on Acquisition of Shares or Voting Rights in Banking
Companies;
3.18 Amalgamation of NBFCS with Banking Companies;
3.19 Amalgamation of Public Sector Banks;
3.20 Consolidation of the Regional Rural Banks;
3.21 Merger Laws of State Bank Group;
3.22 Consolidation of Co-Operative Banks;
3.23 Conclusion;
Chapter-Iv- Role of Reserve Bank of India In Regulating Bank Mergers;
4.1 Introduction;
4.2 Role of RBI in Regulating, Supervising and Controlling Banks In
India;
4.3 RBI Autonomy;
4.4 Judicial Review of RBI’s Power;
4.5 Comparison between Bank of England and Reserve Bank of India;
4.6 RBI’s Policy On Merger Of Banking Companies;
4.7 Role of RBI in Compulsory Merger of Private Sector Banking
Companies;
4.8 Role of the Court V. RBI in Bank Mergers;
4.9 Role of Court under Section 44b of the Banking Regulation Act,
1949;
4.10 Jurisdiction of High Court in Bank Mergers;
4.11 RBI V. CCI- The Competition Law Issues In Bank Mergers and Acquisitions In
India;
4.12 Is Merger Control Necessary for Bank Mergers?
4.13 Conclusion;
5 Chapter-V Employees Position during Bank Mergers;
5.1 Introduction;
5.2 Basis of Industrial Jurisprudence;
5.3 Merger Laws in India and Its Impact on Labour Force;
5.4 Locus Standi of the Employee during Merger;
5.5 The Employment Protection under Bank Merger Provisions;
5.6 Comparison of Labour Protection under Section 44a and 45 Of The
Banking Regulation Act, 1949;
5.7 Protection of Employees under European Merger Control Laws;
5.8 Employment Protection during Merger in the United Kingdom;
5.9 Labour Protection during Transfer of Business in India;
5.10 Conclusion;
Chapter-Vi -Bank Merger Laws in Uk, Australia And Singapore: A Comparative Study;
6.1 Introduction;
6.2 Control of Banking in the United Kingdom;
6.3 Financial Service Regulation Reforms In Uk- An Overview;
6.4 Part-Vii of Fsma on Bank Mergers in Uk;
6.5 Regulation of Bank Mergers in Australia;
6.6 Bank Mergers and Acquisitions in Singapore;
Chapter-Vii -Suggestions and Conclusions
7.1 Introduction;
7.2 Over View of Chapter-I-Vi;
7.3 Financial Sector Legislative Reforms Commission in India (FSLRC):
Will It Simplify the Bank Merger Laws in India?
7.4 Single Window Clearance System for Mergers and Acquisitions In
India;
7.5 Problems Identified;
7.6 Suggestions;
7.7 Conclusions;
List of Books;
List of Articles;
List of Committee Reports;
List of Speeches;
List of Annexure;
Annexure-1 Summary of Eleven Bank Mergers in India;
Annexure-Ii-List of Public Sector Banks;
Annexure-Iii- List of Private Sector Banks;
Annexure-Iv-List of List of Foreign Banks;
Annexure –V- List of Regional Rural Banks in India;
Annexure-VI- RBI Guideline on Amalgamation of Private Banks And
Amalgamation between Nbfc and Banks;
Annexure –Vii- Non- Banking Companies (Approval of Acquisition or Transfer of Control) Directions, 2014;
Annexure-Viii- List of Bank Mergers since 1969;

Bank Mergers - Role of Reserve Bank of India Mergers and Acquisition - Banking Companies - India Mergers and Acquisition - India