Fast Track Merger | Beyonte Compliances
Corporate Law · Fast Track Merger

Fast Track Merger merge small companies or holding–subsidiary entities under Section 233 without NCLT.

Section 233 of the Companies Act, 2013 provides a fast track merger route for (a) two or more small companies, (b) a holding company and its wholly owned subsidiary, or (c) such other class or classes of companies as may be prescribed — without requiring NCLT approval. The merger is approved by the Central Government (Regional Director) and is significantly faster and less expensive than the standard NCLT merger route.

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Section 233 of the Companies Act, 2013 provides a fast track merger route for (a) two or more small companies, (b) a holding company and its wholly owned subsidiary, or (c) such other class or classes of companies as may be prescribed — without requiring NCLT approval. The merger is approved by the Central Government (Regional Director) and is significantly faster and less expensive than the standard NCLT merger route.

At Beyonte Compliances, we manage the entire fast track merger process — from assessing eligibility and drafting the scheme, to filing notices to shareholders and creditors, obtaining board approvals, and filing with the Regional Director for the merger order.

What Our Fast Track Merger Service Covers

Eligibility Assessment

Confirming whether the companies qualify for the fast track route — small company status, wholly owned subsidiary, or other prescribed class.

Scheme of Merger Drafting

Drafting the merger scheme specifying the transferor and transferee companies, the appointed date, and the terms.

Board Approval

Obtaining board resolutions of both the transferor and transferee companies approving the scheme.

Shareholder Approval

Obtaining approval of shareholders holding at least 90% of the total number of shares of each company — by postal ballot or meeting.

Creditor Notice

Filing notice with creditors and objectors, and managing objections if raised within 30 days.

ROC and OL Filing

Filing scheme notice with the ROC and Official Liquidator of the respective jurisdictions.

Regional Director Application

Filing the merger application with the Regional Director and obtaining the merger order under Section 233(7).

Merger Implementation

Implementing the Regional Director's order — transferring assets and liabilities, allotting shares, and updating ROC records.

Our Process

1

Eligibility & Scheme Drafting

Confirming Section 233 eligibility and drafting the merger scheme with appointed date and terms.

2

Board Resolutions

Obtaining board approvals of both transferor and transferee companies.

3

Shareholder & Creditor Process

Obtaining 90% shareholder approval and filing notice with creditors and the ROC/OL.

4

Regional Director Application

Filing the merger application with the Regional Director and attending to queries.

5

Order & Implementation

Receiving the Regional Director's order and completing asset transfer, share allotment, and ROC record updates.

Why It Matters

Section 233 eligibility confirmed before proceeding
Merger scheme drafted with appropriate terms
Board resolutions of both companies obtained
90% shareholder approval obtained
Creditor notice managed within 30-day window
ROC and Official Liquidator notices filed
Regional Director application filed and followed up
Merger implemented post-order without NCLT involvement

Frequently Asked Questions

Section 233 is available for mergers between two or more small companies, a holding company and its wholly owned subsidiary, and such other class or classes of companies as the Central Government may prescribe. Small companies are those with paid-up capital not exceeding Rs. 4 crore and turnover not exceeding Rs. 40 crore.
No. The fast track merger under Section 233 does not require NCLT approval. The merger scheme is approved by the Central Government through the Regional Director — making the process significantly faster and less expensive.
The scheme must be approved by shareholders holding at least 90% of the total number of shares of each of the merging companies — either by postal ballot or at a meeting convened for this purpose.
Yes. Creditors may object to the scheme within 30 days of the notice filed with the ROC. If no objection is received, the ROC/Official Liquidator registers the scheme. If objections are raised, the matter may be referred to the NCLT.

Eligible for a fast track merger? Let's file it efficiently.

Contact our team — scheme drafting to Regional Director order, all handled.