Photo of Vinamrata Shrivastava

Principal Associate in the general corporate practice at the Bangalore office of Cyril Amarchand Mangaldas. Vinamrata advises on corporate transactions, mergers and acquisitions specialising in tribunal-based restructuring. She can be reached at vinamrata.shrivastava@cyrilshroff.com

The ‘Appointed Date’ Conundrum – Has the MCA Now Resolved This?

‘Appointed Date’ versus ‘Effective Date’

A scheme of arrangement is usually conditional upon the satisfaction of specified conditions. The date on which the conditions to a scheme are satisfied is referred to as the ‘effective date’ of the scheme. Schemes often provide that once all conditions are satisfied, they shall be deemed to have become effective on an identified date (which is not necessarily the same as the effective date) – this is usually referred to as the ‘appointed date’ of the scheme. Accordingly, while the conditions to a scheme are satisfied on an effective date, the transactions under the scheme are deemed to have occurred on an appointed date.
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