To enhance the value generation, market share, and cost-efficiency of businesses, companies often lead to mergers and acquisitions. Generally, mergers and acquisitions have manifold advantages and have proven their usefulness in numerous complicated situations in the past. However, the Companies Act, 2013 of India involved separate provisions and tedious procedures to deal with them, which also required approval from several regulatory bodies including the central government. In consideration of the same, there was a sincere demand for years to simplify as well as expedite the procedure of mergers, amalgamations, and acquisitions. On 15th December 2016, the Ministry of Corporate Affairs (MCA) notified a novel and welcome concept of Fast Track Merger by introducing Section 233 of the Companies Act, 2013.
Section 233 of the Companies Act, 2013 introduces the globally accepted concept of Fast Track Merger Process which introduces a slightly simpler procedure for mergers and amalgamations of certain classes of companies including small companies, holdings, and subsidiary companies. This process enables these companies to undergo merger and amalgamation procedures quickly, simply, and within a fixed time duration. The Companies Act, 2013 clearly notifies that it applies to all kinds of compromises and arrangements that involve these companies.
The key important provisions of the fast-track merger process are outlined below:
The following companies provided below are excluded from the fast-track merger process:
The draft scheme requires approval of: -
The following are the mandatory requirements for the facilitation of the fast track merger process:
Fast Track Merger process has facilitated the procedure by removing the following requirements: -
The procedural details for the Fast Track Merger process are set down under the Companies (Compromises, Arrangement & Amalgamation) Rules, 2016.
In comparison to the traditional mergers process, the new Act has simplified the procedures as it no longer involves a judicial process as concerned with the National Company Law Tribunal. Now the companies are required to take approval from only three regulatory authorities, i.e., Regional Directors, the Registrar of Companies, and the Official Liquidator. The merger process is time bound as well as cost-effective. The approximate time is from 90-100 days only and there is a 30 day limit inflicted on the regulatory authorities. The Fast Track Merger process has expedited the procedure of approvals by removing the second opportunity as earlier given to regulatory authorities to raise objections.
Until now, there are no prominent disadvantages of this novel concept that is expected to bring relief to small holding companies. The consequent effects of this new concept will be overviewed in the future and enable the experts to draw relative conclusions accordingly.
This new section has been carefully drafted and entails necessary checks to avoid any misuse of fast-track merger procedures. In addition, it has come out as a welcome move for small holdings, and subsidiary companies as the process is simple, swift, and time bound. The companies are under no obligation to follow this process and have the option to even choose a traditional route as per their desirability.
The Micro, Small and Medium Enterprises Development Act, 2006 aims at facilitating the
The Arbitration and Conciliation Act 1996 (hereinafter referred to as the Act) specifically provides
The Sale of Goods Act, 1930 governs the contracts relating to sale of goods. It applies to the whole
The object of copyright law is to encourage authors, composers, artists and designers to create orig
The Indian online gaming industry has grown rapidly in recent years, with forecasts
The Recovery of Debts Due to Banks & Financial Institutions Act and SARFAESI have been key.The r
The Arbitration and Conciliation Act, 1996 came into force with effect from 22.8.1996. It consol
In the United States, any Indian or foreign national may form a C-Corporation (Company) or an LL