Section 65
Section 65: interpretation for purposes of Section 64
Section 65 is a pure definitions section that supplies the meaning of every specialised term used in Section 64 - the provision that splits certain tax deductions between a predecessor and successor co-operative bank when a business reorganisation takes place.
This explanation is AI-assisted and pending review by our CA/CS team. It is general information, not professional advice - always cross-check against the bare law text above or talk to our tax team for guidance specific to your situation.
Key terms defined
- "Amalgamation" - the merger of an amalgamating co-operative bank with an amalgamated co-operative bank, where all assets/liabilities (other than those sold/distributed on winding up) become those of the amalgamated bank, at least 75% of the members (by voting rights) become members of the amalgamated bank, and at least 75% (by value of shares) of the shareholders become shareholders of the amalgamated bank.
- "Amalgamating co-operative bank" - a co-operative bank that merges with another, or any co-operative bank merging to form a new co-operative bank.
- "Amalgamated co-operative bank" - the bank with which one or more amalgamating banks merge, or the new bank formed by the merger.
- "Business reorganisation" - reorganisation involving the amalgamation or demerger of a co-operative bank, or conversion of a primary co-operative bank.
- "Conversion" - transition of a primary co-operative bank into a banking company under the Reserve Bank of India's notified scheme (RBI circular DCBR.CO.LS.PCB.Cir.No.5/07.01.000/2018-19, dated 27 September 2018).
- "Converted banking company" - a banking company formed as a result of such conversion.
- "Demerger" - the transfer by a demerged co-operative bank of one or more undertakings to a resulting co-operative bank, on a going-concern basis, at book values, with proportionate membership issued to the demerged bank's members, at least 75% (by value of shares) of shareholders continuing as shareholders of the resulting bank, and subject to conditions the Central Government notifies to ensure the transfer is for genuine business purposes.
- "Demerged co-operative bank" - the bank whose undertaking is transferred in a demerger.
- "Predecessor co-operative bank" - the amalgamating bank, the demerged bank, or the primary co-operative bank succeeded through conversion.
- "Primary co-operative bank" - has the meaning assigned in Section 56(ccv) of the Banking Regulation Act, 1949.
- "Resulting co-operative bank" - the bank(s) to which the demerged bank's undertaking is transferred, or the bank formed as a result of demerger.
- "Successor co-operative bank" - the amalgamated bank or the resulting bank.
Frequently asked questions
What does "business reorganisation" mean for a co-operative bank under this Act?
Reorganisation involving the amalgamation or demerger of a co-operative bank, or the conversion of a primary co-operative bank into a banking company, as defined in Section 65(d).
What is the minimum shareholder continuity required for an amalgamation to qualify?
At least 75% in value of the shares in the amalgamating co-operative bank (other than shares already held by the amalgamated bank or its nominee/subsidiary) must become shareholders of the amalgamated bank, per Section 65(a)(iii).
Related sections
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