MCA issued circular for the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2023.
MCA Update
19 May 2023
MCA issued circular for the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2023.
They shall come into force with effect from 15th day of June, 2023.
Rule Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2016 Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2023. Comments Rule 25 sub rule (5) Where no objection or suggestion is received to the scheme from the Registrar of companies and official Liquidator or where the objection or suggestion of registrar and official liquidator is deemed to be not sustainable and the central government shall issue a confirmation order of such scheme of merger or amalgamation in Form No. CAA.12 Where no objection or suggestion is received within a period of thirty days of receipt of copy of scheme under sub-section (2) of section 233, from the Registrar of Companies and Official Liquidator by the Central Government and the Central Government is of the opinion that the scheme is in the public interest or in the interest of creditors, it may, within a period of fifteen days after the expiry of said thirty days, issue a confirmation order of such scheme of merger or amalgamation in Form No. CAA.12: Provided that if the Central Government does not issue the confirmation order within a period of sixty days of the receipt of the scheme under sub-section (2) of section 233, it shall be deemed that it has no objection to the scheme and a confirmation order shall be issued accordingly. No objection or suggestion is received within thirty days from the Registrar of Companies and Official Liquidator, and if the Central Government is of the opinion that the scheme is in the public interest or the interest of creditors, it may issue a confirmation order within fifteen days after the expiry of the thirty-day period. If the Central Government does not issue a confirmation order within sixty days, it is deemed to have no objection to the scheme Rule 25 sub rule (6) Where objections or suggestions are received from the registrar of companies or official liquidator and the central government is of the opinion, whether on the basis of such objections or otherwise, that the scheme is not in the public interest of creditors , it may file an application before the tribunal in Form No.CAA.13 within sixty days of the receipt of the scheme stating its objections or opinion and requesting that tribunal may consider the scheme under section 232 of the act. Where objections or suggestions are received within a period of thirty days of receipt of copy of scheme under sub-se