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CS Executive · Setting Up of Business, Industrial and Labour Laws · Conversion of Business Entities

Himalaya Agro Producer Company, an erstwhile inter-State co-operative society, wants to re-convert to an inter-State co-operative society. As per the provision on re-conversion, which route is available for making the application to the Tribunal?

The Producer Company may apply to the Tribunal after passing a resolution in general meeting by not less than two-thirds of its Members present and voting, or on request by creditors representing three-fourths value of total creditors, under Section 378ZS(1).

  1. AA resolution passed in general meeting by not less than two-thirds of Members present and votingCorrect
  2. BA resolution passed by a simple majority of the Board of Directors only
  3. CA request by creditors representing one-half value of total creditors
  4. DA request by the Registrar of Companies on his own motion

Explanation

Section 378ZS(1) permits the application after a general meeting resolution by not less than two-thirds of Members present and voting, or on request by creditors representing three-fourths value of total creditors. One-half creditors' value is insufficient, and a board resolution or Registrar's request is not a listed route.

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