Companies Act, 2013

Section - 233 - Merger or amalgamation of certain companies

Merger or amalgamation of certain companies.

233. (1) Notwithstanding the provisions of and , a scheme of merger or amalgamation may be entered into between two or more small companies or between a holding company and its wholly-owned subsidiary company or such other class or classes of companies as may be prescribed, subject to the following, namely:-

(a)-a notice of the proposed scheme inviting objections or suggestions, if any, from the Registrar and Official Liquidators where registered office of the respective companies are situated or persons affected by the scheme within thirty days is issued by the transferor company or companies and the transferee company;
(b)-the objections and suggestions received are considered by the companies in their respective general meetings and the scheme is approved by the respective members or class of members at a general meeting holding at least ninety per cent of the total number of shares;
(c)-each of the companies involved in the merger files a declaration of solvency, in the prescribed form, with the Registrar of .... To read the full section download the app from Google Play store