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On February 14, 2025, the Securities and Exchange Board of India (SEBI) introduced the Industry Standards on ‘Minimum information to be provided for Review of the Audit Committee and Shareholders fo...
In a significant reform aimed at simplifying and catalysing corporate restructuring, the Fast Track Merger (FTM) route under Section 233 of the Companies Act, 2013, has been strengthened and expanded. While initially the FTM route was only available in limited situations such as mergers between small companies or a holding company and its wholly owned subsidiary, the eligibility criteria have now been broadened, in line with the Union Budget 2025?26’s emphasis on ease of doing business. The recent amendment expands the eligibility of FTM route to new classes of companies such as: (i) unlisted companies subject to meeting requisite thresholds, (ii) a holding company and its subsidiary, (iii) subsidiaries of a common holding company, and (iv) foreign holding company merging into its wholly owned Indian subsidiary, signalling a shift away from the protracted National Company Law Tribunal process towards a more cost-effective and time-efficient restructuring.
In this article, CMS INDUSLAW’s Avimukt Dar and Deepansh Goyal analyse the amendment and the potential it has to significantly boost restructuring activity across corporate India.
