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In case of merger and demerger, two dates are crucial, the "Appointed Date" and secondly the "Effective Date" ;.Corporate managers spend lots of time and energy to plan the actual timing of the dates. 'Appointed Date' is usually arranged to secure the interests & objects of the respective companies. And 'Effective Date' is finalized by High Court is dependent upon upon filing of your final order of High Court with Registrar of Companies.
Importance of 'Appointed Date' & 'Effective Date':
Any scheme of compromise or arrangement should identify a romantic date in the scheme itself as 'Appointed Date' ;.This 'appointed date' is a must for arriving at values of assets and liabilities appearing in the books of Accounts both for the purpose of the transfer to the Transferee company and also for coming to the value of shares for the transferor and transferee company viz. exchange ratio. Generally, the very first day of monthly or the very first day of a financial year is identified as the 'appointed date', although the Court has got the discretion to determine any date as 'transfer date' ;.
The 'Effective Date' on another hand may be the date on that your transferee company files the order of the High Court sanctioning the scheme with the Registrar of Companies for registration and once the order has so filed the amalgamation or arrangement becomes effective or having come into force from the 'Appointed date' ;.The effective date is subsequent date and the organization doesn't have control over it.
Depending on the requirements of Section 391 to 394 of the Companies Act, 1956 the Transferor company should identify and quantify the assets and liabilities which are sought to be used in the transferee company under merger or demerger. This identification & quantification of assets and liabilities should be done as on Appointed Date. The important points of such assets & liabilities may be annexed as a schedule to the scheme. This identification gives certainty to the scheme, as members of both the firms get an obvious idea by what is going to be transferred? There may be some changes in name, address or status of the company following the appointed date. Normally such changes don't affect the sanction of the scheme before High Court unless they adversely affect the rights & interests or obligations of the business and/or its members and creditors.
Normally the Transferee Company should, upon the Scheme coming into influence on effective date record the assets and liabilities of the Transferor Company vested inside it pursuant to the Scheme, at the fair values thereof at the close of business of the day immediately preceding the Appointed Date.The shares are allotted only after the scheme is sanctioned by the court and not before. Further, the increase of authorised share capital is obviously upon sanctioning of the scheme. Hence any objection to the scheme on a lawn that on appointed date the share capital of the Transferee Company wasn't sufficient to provide effect to the scheme cannot be sustained.
