Notice explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
When a company proposes a compromise or arrangement and the Tribunal has ordered a meeting, section 230(5) requires a notice to go to the Central Government, the tax authorities, the Registrar and other authorities. Form CAA.3 is that notice. This article gives a specimen, explains who must receive it and what the thirty-day period means, and lists what to enclose.
The notice tells each addressee that the Tribunal has ordered a meeting of the members or creditors to consider the scheme, encloses the notice of the meeting with its statement and a copy of the scheme, and invites representations to the Tribunal. Under section 230(5) the representations must be made within thirty days from the date of receipt of the notice, failing which it is presumed that the authority has no representation to make on the proposals. The Central Government, the income-tax authorities, the Reserve Bank of India, the Securities and Exchange Board, the Registrar, the stock exchanges, the Official Liquidator and the Competition Commission of India, if necessary, and other sectoral regulators likely to be affected, are the addressees the section names. The format follows the form as printed in the rules consulted; check the current form before use.
When you need this notice
You need it once the Tribunal has directed a meeting under section 230(1), when the notice of the meeting under section 230(3) is sent out. Section 230(5) requires the notice, with all the documents in the prescribed form, to go to the authorities that may be affected. Where the scheme is a merger or amalgamation under section 232, the provisions of section 230(3) to (6) apply with the necessary changes; see our section 232 guide. For help preparing the set of notices, see our compliance documentation service.
Specimen notice
FORM NO. CAA.3
IN THE MATTER OF THE COMPROMISE AND / OR ARRANGEMENT OF ]
NOTICE TO THE CENTRAL GOVERNMENT, REGULATORY AUTHORITIES AND OTHERS
To,
The Central Government
The Registrar of Companies,
The Income-tax authorities,
The Official Liquidator,
The Reserve Bank of India
The Securities and Exchange Board of India
The Stock Exchange(s),
The Competition Commission of India
Notice is hereby given, in pursuance of sub-section (5) of section 230 of the Companies Act, 2013, that, as directed by the Bench of the National Company Law Tribunal by an order dated under sub-section (1) of section 230 of the Act, a meeting of the of will be held on to consider the scheme of compromise and / or arrangement of with at .
A copy of the notice of the meeting, with the statement required under section 230(3), and a copy of the scheme of compromise or arrangement are enclosed.
You are informed that representations, if any, in connection with the proposed compromise and / or arrangement may be made to the Tribunal within thirty days from the date of receipt of this notice. A copy of the representation may be sent simultaneously to the company at .
If no representation is received within the stated period of thirty days, it will be presumed that you have no representation to make on the proposed scheme of compromise or arrangement.
Authorised signatory
Dated:
Place:
Enclosures:
(i) Copy of the notice of the meeting with the statement under section 230(3)
(ii) Copy of the scheme of compromise or arrangement
(iii) Clause-by-clause explanation
| Part | What it does | Drafting tip |
|---|---|---|
| Heading | Names the matter | Use the names of all companies in the scheme |
| Addressees | Lists the authorities who must be told | Mark which are "in all cases" and which "as applicable" |
| Statement of the Tribunal's order | Gives the date, Bench and meeting details | Quote the order date and meeting date exactly |
| Enclosures | Notice with section 230(3) statement and the scheme | Send the same documents sent to members and creditors |
| Thirty-day paragraph | Invites representations within the statutory period | Restate the period exactly as in section 230(5) |
| Presumption paragraph | Records the effect of silence | Keep this line; it follows the section |
| Authorised signatory | Authenticates the notice | Give an address for replies |
The law behind it
Section 230(5) says a notice under section 230(3), along with all documents in the prescribed form, shall also be sent to the Central Government, the income-tax authorities, the Reserve Bank of India, the Securities and Exchange Board, the Registrar, the respective stock exchanges, the Official Liquidator, the Competition Commission of India established under the Competition Act, 2002, if necessary, and such other sectoral regulators or authorities which are likely to be affected by the compromise or arrangement. It requires that representations, if any, be made within thirty days from the date of receipt of the notice, failing which it is presumed that they have no representations to make on the proposals.
Section 230(3) and (4) govern the notice of the meeting itself, its contents and voting; see our Form CAA.2 article. Section 232 applies the same notice and meeting provisions to schemes of merger or amalgamation, with additional circulation items for the merging companies. Read our section 230 guide and section 232 guide.
The rules prescribe the form and manner; they are not reproduced beyond this. Check the current form and the Tribunal's order for the list of addressees.
Who signs, how it is sent, and what it costs
An authorised signatory of the company signs the notice. It is sent to each addressee at the office the order or the rules identify, in a way the company can prove (for example by registered post or speed post, or electronically if the rules permit), and the proof of delivery date should be kept because the thirty days run from receipt. No stamp duty or registration applies to the notice. See our stamp duty overview for other documents.
Common mistakes
- Leaving out an addressee the section names, such as the income-tax authorities or the Official Liquidator.
- Sending only the notice and not the scheme and statement.
- Not keeping proof of the date of receipt, which starts the thirty days.
- Stating a period other than thirty days.
- Omitting a sectoral regulator that is likely to be affected by the scheme.
- Sending the notice before the Tribunal has ordered the meeting.
- Not telling the addressees that a copy of any representation should reach the company.
- Assuming silence means approval of the scheme; the section says only that there is presumed to be no representation.
Need help with scheme notices?
The notices to the authorities must go out with the notice of the meeting and with complete enclosures, and proof of receipt must be kept. Our team prepares and tracks them; see compliance documentation. For the petition that follows, read our Form CAA.5 petition format.
Key takeaways
- Form CAA.3 is the notice under section 230(5) to the Central Government and regulators.
- Representations may be made to the Tribunal within thirty days of receipt.
- Silence is presumed to mean no representation.
- Enclose the notice with statement and the scheme.
- Keep proof of receipt.
Read next
- Section 230: compromise and arrangement
- Section 232: merger and amalgamation
- Creditor's responsibility statement (Form CAA.1)
- Notice and advertisement of an NCLT-convened meeting (Form CAA.2)
Disclaimer: This specimen is a general model for information. Every document must be adapted to its facts and to the law, rules and forms in force when it is signed or filed; stamp duty, registration and court fees depend on the State and the forum. This article is general information, not legal advice; check the official text before acting.