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      Question

      Section 44A of the Banking Regulation Act, 1949 governs

      voluntary amalgamation of banking companies. Under sub-section (1), a scheme of amalgamation must be approved by shareholders of each banking company concerned at a meeting called for the purpose. The required majority is a resolution passed by a majority in number representing:
      A A simple majority in number and value of shareholders present Correct Answer Incorrect Answer
      B Two-thirds in value of the shareholders of each company present in person or by proxy Correct Answer Incorrect Answer
      C Three-fourths in value of the total paid-up share capital of each company Correct Answer Incorrect Answer
      D Unanimous consent of all shareholders of each company Correct Answer Incorrect Answer
      E Fifty-one Fifty-one per cent of the total number of registered shareholders of each companyper cent of the total number of registered shareholders of each company Correct Answer Incorrect Answer

      Solution

      Section 44A(1) provides that no banking company shall be amalgamated with another unless a scheme containing the terms of amalgamation has been placed in draft before the shareholders of each of the banking companies separately and approved by a resolution passed by a majority in number representing two-thirds in value of the shareholders of each of the said companies, present either in person or by proxy at a meeting called for the purpose. Notice of such meeting must be published once a week for three consecutive weeks in at least two newspapers circulating in the locality where registered offices are situated. A dissenting shareholder may, under sub-section (3), claim the value of his shares as determined by the Reserve Bank when sanctioning the scheme, and that determination is final.

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