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Scheme Meeting means any meeting of a class of creditors who will be affected by the Scheme to vote on the Scheme convened pursuant to an order of the Court (and any adjournment of such meeting).
Chapter XV (Section 230 to 240) of Companies Act, 2013(the Act) contains provisions on 'Compromises, Arrangements and Amalgamations', that covers compromise or arrangements, mergers and amalgamations, Corporate Debt Restructuring, demergers, fast track mergers for small companies/holding subsidiary companies, cross
A scheme of arrangement is a procedure that allows a company to reconstruct its capital, assets or liabilities with the approval of its shareholders and the Court.
Section 411(1) states that where a company and its creditors or shareholders propose a compromise or arrangement, the court can order a meeting or the creditors or shareholders. Once the scheme is proposed, an application must be made to court for the meeting.
Guided by Section 230 231 of the Companies Act, 2013, Compromise in the corporate sector is a scheme of give and take in a commercial dispute. It can be either between two or more corporate entities or with third parties.Unless there is some dispute no compromise is required.
As long as the scheme of arrangement progresses in an uncomplicated fashion, the process could be completed within six to eight weeks of the company making its first application to the English courts. Negotiations involving the commercial terms of the scheme itself lengthen the timetable.
The scheme of arrangement refers to a court-approved scheme between a company, their shareholders and creditors, binding them to a reorganisation or restructuring of their rights and obligations. While it is not part of insolvency legislation, the procedure must be approved by the court under the Companies Act 2006.