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Madhur Gandhi & AssociatesCompany Secretaries
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Restructuring & Insolvency

Mergers, demergers and closures need careful sequencing across the ROC, Regional Director and NCLT. We plan the route, prepare the scheme and see it through.

What we handle

Mergers and amalgamationsSchemes under Sections 230 to 232, including the fast-track route under Section 233 for small companies and group companies.
DemergersSeparating a business undertaking into a new or existing company through a scheme of arrangement.
Capital restructuringReduction of share capital under Section 66, and buy-backs, consolidation and sub-division of shares.
Strike-off and closureStrike-off under Section 248 (Form STK-2), dormant status, and voluntary liquidation under the IBC.
RepresentationAppearance before the ROC, Regional Director and NCLT, compounding under Section 441, and adjudication replies.
Insolvency supportDocumentation and corporate law support for IBC processes, working with insolvency professionals.

Choosing the right route to close

A company with no assets or liabilities can often apply for strike-off. A solvent company with assets usually goes through voluntary liquidation. A company that may restart later can choose dormant status. We check your filings, liabilities and pending matters, and recommend the route with its time and cost.

Common questions

How long does a merger take?

A fast-track merger under Section 233 usually takes a few months. An NCLT scheme typically takes longer, depending on the bench and objections.

Can a company with pending filings be struck off?

Pending annual filings generally have to be completed first. Our strike-off checker shows what needs fixing.

Can a Company Secretary appear before the NCLT?

Yes. Practising Company Secretaries are authorised to appear before the NCLT under Section 432 of the Companies Act.

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