Two insurance companies Goyenka General Insurance and Binani Alliance General Insurance decide to amalgamate. Since the amalgamation or merger involved companies being regulated by a sectoral regulator like Insurance Reg
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2024
Two insurance companies Goyenka General Insurance and Binani Alliance General Insurance decide to amalgamate. Since the amalgamation or merger involved companies being regulated by a sectoral regulator like Insurance Regulatory and Development Authority (IRDA), the approval of the Regulators was also taken in addition to compliance with the Companies Act, 2013. In addition, where an amalgamation takes place between any two or more insurers, the insurer carrying on the amalgamated business has to submit some statements to the IRDA. Make a list of documents to be submitted under the provisions of Section 37 of the Insurance Act, 1938 in this context.
Answer & Explanation:
Section 37 of the Insurance Act, 1938 deals with the statements required after amalgamation and transfer. It states that: Where an amalgamation takes place between any two or more insurers, or where any business of an insurer is transferred, whether in accordance with a scheme confirmed by the Authority or otherwise, the insurer carrying on the amalgamated business or the person to whom the business is transferred, as the case may be, shall, within three months from the date of the completion of the amalgamation or transfer, furnish in duplicate to the Authority- a certified copy of the scheme, agreement or deed under which the amalgamation or transfer has been effected, and a declaration signed by every party concerned or in the case of a company by the chairman and the principal officer that to the best of their belief every payment made or to be made to any person whatsoever on account of the amalgamation or transfer is therein fully set forth and that no other payments beyond those set forth have been made or are to be made either in money, policies, bonds, valuable securities or other property by or with the knowledge of any parties to the amalgamation or transfer, and where the amalgamation or transfer has not been made in accordance with a scheme approved by the Authority under Section 36: balance-sheet in respect of the insurance business of each of the insurers concerned in such amalgamation or transfer, prepared in the Form set forth in Part II of the First Schedule and in accordance with the regulations contained in Part I of that Schedule, and certified copies of any other reports on which the scheme of amalgamation or transfer was founded.
Topics: Corporate Restructuring
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