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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 a lot of time for you to plan the precise timing of these dates. 'Appointed Date' is usually arranged to secure the interests & objects of the respective companies. And 'Effective Date' is finalized by High Court depends upon upon filing of your final order of High Court with Registrar of Companies.
Significance 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 goal of the transfer to the Transferee company and also for coming to the worthiness of shares for the transferor and transferee company viz. exchange ratio. Generally, the initial day of a month or the very first day of an economic year is identified as the 'appointed date', although the Court has got the discretion to decide any date as 'transfer date' ;.
The 'Effective Date' on one other hand is 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 when the order has so filed the amalgamation or arrangement becomes effective or having enter into force from the 'Appointed date' ;.The effective date is subsequent date and the business doesn't have control over it.
As per 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 performed as on Appointed Date. The details 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 businesses get an obvious idea in what will be transferred? There could be some changes in name, address or status of the business after the appointed date. Normally such changes do not affect the sanction of the scheme before High Court unless they adversely affect the rights & interests or obligations of the organization and/or its members and creditors.
Normally the Transferee Company should, upon the Scheme getting into effect on effective date record the assets and liabilities of the Transferor Company vested inside pursuant to the Scheme, at the fair values thereof at the close of business of the afternoon 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 always 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 was not sufficient to offer effect to the scheme cannot be sustained.
