Skip to content

CS Professional · Corporate Restructuring, Valuation and Insolvency · Documentation - Merger and Amalgamation

The Tribunal confirms a fast-track merger scheme under section 233(6). The transferee company, Meru Industries Ltd, is registered in Pune and the transferor, Ganga Metals Ltd, in Jaipur. To whom is a copy of the confirming order first communicated, and how does the Jaipur Registrar learn of it?

The order goes to the Registrar having jurisdiction over the transferee company, here Pune, and the persons concerned. That Registrar registers the scheme and issues confirmation, which is then communicated to the transferor's Registrar in Jaipur, as section 233(7) provides.

  1. ATo the Registrar of the transferor, who then informs the Pune Registrar
  2. BTo the Registrar having jurisdiction over the transferee company and the persons concerned; the Registrar registers the scheme and communicates the confirmation to the transferor's RegistrarCorrect
  3. COnly to the Central Government, which registers the scheme itself
  4. DTo both Registrars simultaneously by the Tribunal

Explanation

Section 233(7) requires a copy of the confirming order to go to the Registrar having jurisdiction over the transferee company and the persons concerned. That Registrar registers the scheme, issues confirmation to the companies, and the confirmation is communicated to the Registrars where the transferor companies are situated. The Jaipur Registrar therefore learns through the Pune Registrar's confirmation.

Did you get it right without looking?

One question tells you little. A timed set on Documentation - Merger and Amalgamation shows your real accuracy, how long you take and where you lose marks.

Practise Documentation - Merger and AmalgamationFree diagnostic mock

More Documentation - Merger and Amalgamation questions