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37. Statements required after amalgamation and transfer.-

Where an amalgamation takes place between any two or more insurers, or 6[where any business of an insurer is transferred], whether in accordance with a scheme confirmed by the 3[Authority] or otherwise, the insurer carrying on the amalgamated business or 7[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, 8[furnish in duplicate to the 3[Authority]]-

(a) a certified copy of the scheme, agreement or deed under which the amalgamation or transfer has been effected, and 49

(b) 1[ 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

2[(c) where the amalgamation or transfer has not been made in accordance with a 3[scheme approved] by the 4[Authority] under section 36-

(i) balance-sheets 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

(ii) certified copies of any other reports on which the scheme of amalgamation or transfer was founded.]

1. Subs. by Act 5 of 2015, s. 42, for clauses (b) and (c) (w.e.f. 26-12-2014).

2. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for "the amalgamation or transfer if sanctioned" (w.e.f. 19-4-2000).

3. Subs. by s. 30 and the First Schedule, ibid., for "Controller" (w.e.f. 19-4-2000). Earlier subs. by Act 47 of 1950, s. 26, for

"Court" (w.e.f. 1-6-1950).

4. Ins. by Act 13 of 1941, s. 22 (w.e.f. 8-4-1941).

5. Subs. by Act 5 of 2015, s. 43, for section 36 (w.e.f. 26-12-2014).

6. Subs. by Act 13 of 1941, s. 24, for "where any business of one insurer is transferred to another" (w.e.f. 8-4-1941).

7. Subs. by s. 24, ibid., for "the insurer to whom the business is transferred" (w.e.f. 8-4-1941).

8. Subs. by s. 24, ibid., for "furnish to the Central Government" (w.e.f. 8-4-1941).

Insurance Act, 1938 Back

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