The Companies (Compromises,Arrangements and Amalgamations) Amendment Rules, 2022

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 30th May, 2022

G.S.R. 401(E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 469
read with sections 230 to 240 of the Companies Act, 2013 (18 of 2013), the Central Government hereby
makes the following rules further to amend the Companies (Compromises, Arrangements and
Amalgamations) Rules, 2016 namely :-
1. Short title and commencement.‐ (1) These rules may be called the Companies (Compromises,
Arrangements and Amalgamations) Amendment Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 3
2. In the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (hereafter in these
rules referred to as the said rules), in rule 25A, after sub-rule (3), the following sub-rule shall be inserted
namely:
―(4) Notwithstanding anything contained in sub-rule (3), in case of a compromise or an arrangement
or merger or demerger between an Indian company and a company or body corporate which has been
incorporated in a country which shares land border with India, a declaration in Form No. CAA-16
shall be required at the stage of submission of application under section 230 of the Act.‖.
3. In the said rules, in Annexure A, after Form No. CAA-15, the following Form shall be inserted namely:
“FORM NO. CAA.16
[Pursuant to section 230 and rule 25A]
In Company Petition No. …………………
Declaration in terms of Rule 25A
An application under section 230 is being made before the National Company Law Tribunal for merger
and amalgamation between:
1. M/s. _______________(details of transferee company/body corporate)
2. M/s.________________(details of transferor company/body corporate)
3. ………………..
And in compliance with Rule 25A,
I ____________duly authorised representative of ___________________(details of company/body
corporate) do hereby solemnly declare that –
the company/body corporate is not required to obtain prior approval under the Foreign Exchange
Management (Non-Debt Instruments) Rules, 2019; or
the company/body corporate is required to obtain prior approval under the Foreign Exchange
Management (Non-Debt Instruments) Rules, 2019 and the same has been obtained and is enclosed
herewith.
(Tick whichever is applicable)
Date:__________
Place:__________
Signature
Enclosure:
Approval under the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019.‖.

[F. No. 2/31/CAA/2013-CL-V]
MANOJ PANDEY, Jt. Secy.