Monday 27 February 2017

Why Amalgamate Private Sector Entities?

63 moons technologies ltd

The Government’s draft order directing the merger of NSEL with 63 moons is one of its kind, as this is the first instance involving two private sector companies. Both NSEL and 63 moons belong to one group in the private sector. This is the first time that a listed entity in the private sector is involved in a Section 396 order of the Central Government. Moreover, 63 moons have challenged this order before the Bombay High Court.

1. Limited Liability Destroyed


While considering the pros and cons of this forced merger, it is evident that the merger will destroy the concept of “limited liability”. It may also lead to global and local investors losing confidence in investing, given that 63 moons have FDI and FII investments. It will further set a precedent to an array of PILs seeking a merger of companies facing financial problems with their solvent parent companies.


2. Burden On Shareholders



The MCA has ignored the agony of 63000 shareholders of 63 moons in its order to merge NSEL-FTIL. Why should these shareholders be forced to pay Rs.5,600 crore of NSEL’s defaulting brokers? In fact, even if this merger were to be executed, it would be nothing more than a farce, since 63 moons cash reserves only amount to Rs.2000 crore. “To say that public or national interest is involved is quite a stretch. It’s been over two years since the case was detected, and no systemic risk has manifested, either in India’s commodities or any other financial markets,” says Venkatesh Panchapagesan, adjunct professor, finance, and control area, IIM-B.

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