Business Re-organisation

Demerger of one Company into one or more Companies

The term ‘Demerger’ simply means one company transferring one or more of its business operations into another company(s). The company that transfers such business operation is known as the “demerged” company, while the company to which the business is transferred is known as the “resulting” company. Demerger is an opposite of merger a statutory disintegration or separation of two or more companies by the transfer of the properties to one surviving company.

Types of Demerger

 

1.Spin-off:-

This type of demerger involves division of company into wholly owned subsidiary of parent company by distribution of all its shares of subsidiary company on pro rata basis. By this way, both the companies i.e. holding as well as subsidiary company exist and carry on business.

 

2.Split-Up:-

This type of demerger involves the division of parent company into two or more separate e companies where parent company cease to exist after the demerger.

 

3.Equity Carve Out:-

This is similar to spin offs, except the same part of shareholding of this subsidiary company is offered to public through a public issue and parent company continues to enjoy control over the subsidiary company by holding controlling interest in it.

 

4.Divestitures:-

These are sale of segment of a company for cash or for securities to an outside party.