Companies Act, 2013

Investigation, etc., of foreign companies

228. Investigation, etc., of foreign companies.— The provisions of this Chapter shall apply mutatis mutandis to inspection, inquiry or investigation in relation to foreign companies.

Penalty for furnishing false statement, mutilation, destruction of documents

229. Penalty for furnishing false statement, mutilation, destruction of documents.— Where a person who is required to provide an explanation or make a statement during the course of inspection, inquiry or investigation, or an officer or other employee of a company or other body corporate which is also under investigation,— (a) destroys, mutilates or falsifies,

Power to compromise or make arrangements with creditors and members

230. Power to compromise or make arrangements with creditors and members.— (1) Where a compromise or arrangement is proposed— (a) between a company and its creditors or any class of them; or (b) between a company and its members or any class of them, the Tribunal may, on the application of the company or of

Power to Tribunal to enforce compromise or arrangement

231. Power of Tribunal to enforce compromise or arrangement.— (1) Where the Tribunal makes an order under section 230 sanctioning a compromise or an arrangement in respect of a company, it— (a) shall have power to supervise the implementation of the compromise or arrangement; and (b) may, at the time of making such order or

Merger and amalgamation of companies

232. Merger and amalgamation of companies.— (1) Where an application is made to the Tribunal under section 230 for the sanctioning of a compromise or an arrangement proposed between a company and any such persons as are mentioned in that section, and it is shown to the Tribunal— (a) that the compromise or arrangement has

Merger or amalgamation of certain companies

233. Merger or amalgamation of certain companies.— (1) Notwithstanding the provisions of section 230 and section 232, 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,

Merger or amalgamation of company with foreign company

234. Merger or amalgamation of company with foreign company.— (1) The provisions of this Chapter unless otherwise provided under any other law for the time being in force, shall apply mutatis mutandis to schemes of mergers and amalgamations between companies registered under this Act and companies incorporated in the jurisdictions of such countries as may

Purchase of minority shareholding

236. Purchase of minority shareholding.— (1) In the event of an acquirer, or a person acting in concert with such acquirer, becoming registered holder of ninety per cent. or more of the issued equity share capital of a company, or in the event of any person or group of persons becoming ninety per cent. majority

Power of Central Government to provide for amalgamation of companies in public interest

237. Power of Central Government to provide for amalgamation of companies in public interest.— (1) Where the Central Government is satisfied that it is essential in the public interest that two or more companies should amalgamate, the Central Government may, by order notified in the Official Gazette, provide for the amalgamation of those companies into

Registration of offer of schemes involving transfer of shares

238. Registration of offer of schemes involving transfer of shares. — (1) In relation to every offer of a scheme or contract involving the transfer of shares or any class of shares in the transferor company to the transferee company under section 235,— (a) every circular containing such offer and recommendation to the members of

Preservation of books and papers of amalgamated companies

239. Preservation of books and papers of amalgamated companies.— The books and papers of a company which has been amalgamated with, or whose shares have been acquired by, another company under this Chapter shall not be disposed of without the prior permission of the Central Government and before granting such permission, that Government may appoint

Expenses of investigation

225. Expenses of investigation.— (1) The expenses of, and incidental to, an investigation by an inspector appointed by the Central Government under this Chapter other than expenses of inspection under section 214 shall be defrayed in the first instance by the Central Government, but shall be reimbursed by the following persons to the extent mentioned

Search and seizure

209. Search and seizure.— (1) Where, upon information in his possession or otherwise, the Registrar or inspector has reasonable ground to believe that the books and papers of a company, or relating to the key managerial personnel or any director or auditor or company secretary in practice if the company has not appointed a company

Investigation into affairs of company

210. Investigation into affairs of company.— (1) Where the Central Government is of the opinion, that it is necessary to investigate into the affairs of a company,— (a) on the receipt of a report of the Registrar or inspector under section 208; (b) on intimation of a special resolution passed by a company that the

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