Section 233 Companies Act 2013 provides for 'fast-track merger' between:

Question

Accepted Answer

D. two or more small companies, (b) a holding and its wholly-owned subsidiary, (c) such other class of companies as may be prescribed (e.g. start-ups by 2021 amendment)

1. Section 233 Companies Act 2013 provides a FAST-TRACK MERGER procedure (without NCLT approval): scheme can be approved by the Central Government (Regional Director).
2. Eligible parties: (a) two or more SMALL COMPANIES; (b) HOLDING COMPANY and its WHOLLY-OWNED SUBSIDIARY; (c) such other class or classes of companies as may be prescribed.
3. Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2021 added START-UP companies (recognised by DPIIT) and start-up + small company combinations.
4. Procedure: notice to ROC + Official Liquidator; meeting of members and creditors; approval by majority in number representing 9/10 in value of creditors and 9/10 in value of members; filing scheme with Regional Director.
5. Hence option A is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 233; Companies (Compromises, Arrangements and Amalgamations) Rules 2016_

Answer

any two Government companies, with all private companies being excluded from any scheme (cf. Companies Act 2013, Section 233; Companies (Compromises, Arrangements and Amalgamations) Rules 2016)

Answer

any two LARGE listed public companies, regardless of size or shareholding pattern (cf. Companies Act 2013, Section 233; Companies (Compromises, Arrangements and Amalgamations) Rules 2016)

Answer

only foreign companies merging into Indian companies, with reverse mergers being excluded (cf. Companies Act 2013, Section 233; Companies (Compromises, Arrangements and Amalgamations) Rules 2016)