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ARTICLE · 30 AUGUST 2019

MCA Clarifies The Appointed Date Conundrum

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The MCA vide its circular dated 21 August 2019 clarified that appointed date as contemplated under Section 232(6) of the Companies Act 2013 can either be a specific calendar date or a date based on the trigger of a specific event.

IndiaCorporate/Commercial Law

The Ministry of Corporate Affairs (MCA) vide its circular dated 21 August 2019 (Ref: General Circular No. 09/2019 available at http://www.mca.gov.in/Ministry/pdf/GeneralCircular_21082019.pdf) (General Circular) clarified that appointed date as contemplated under Section 232(6) of the Companies Act 2013 (Act) can either be a specific calendar date or a date based on the trigger of a specific event.

Background:

A scheme of arrangement (Scheme) approved between or among companies is required to comply with the provisions of sections 230-232 of the Act.

Section 232(6) of the Act requires a Scheme filed under sections 230-232 of the Act to:

".....clearly indicate an appointed date from which it shall be effective and the scheme shall be deemed to be effective from such date and not at a date subsequent to the appointed date"

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