Professional Documents
Culture Documents
1 Winding Up.
(c) if the company within a year from its incorporation, or does not
Compulsory winding
A company shall be unable to pay its debts :
up(cont)
A If a creditor to whom the company owes more than Rs 500 then due,
has served on the co. a demand in writing and the co. has within 3
weeks thereafter neglected to pay or secure or compound the sum
to the reasonable satisfaction of the Creditor.
B. if an execution or other process issued on a decree or order of any
court in favour of Creditor has not been satisfied by the Company.
C . If is proved to the satisfaction of the court that the company is
unable to pay its debts including contingent and prospective
liabilities.
Compulsory winding
up(cont)
(f) if the Court is of the opinion that it is just and equitable that the
Partnership.
G) Requirements for investigation.
. Voluntary
Voluntary Windingwinding
up - Winding up up
by the members or
creditors without any intervention of the Court is called
voluntary winding up.
voluntarily
by Ordinary resolution or by Special resolution.
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a. where either the time fixed by the articles for the duration of the
company has expired OR
b. the event specified in the Articles has occurred on which the
company is to be dissolved.
Voluntary winding up
(cont)
In any other case, the company may resolve to
Consequences of Voluntary
A voluntary winding up is deemed to be commence at
Winding-up
the time when the resolution for voluntary winding up
is passed.
The company ,from the commencement of the
winding up, must cease to carry on its business
except so far as may be required to secure a
beneficial winding up.
The transfer of shares and alterations in the status of
members, made after commencement becomes void.
A resolution to wind up voluntarily operates as notice
of discharge to the employees of the company.
On the appointment of the liquidator all the powers of
the board of directors shall cease except after the
permission of the registrar.
Types
of
voluntary
winding
Types of Voluntary Winding up - Voluntary winding up may be of two types,
namely,
up
Creditors Voluntary
Upwinding up Winding
Creditors voluntary
been observed, or
(iii) the liquidator is prejudical or is negligent in collecting
the assets.
The Court is also empowered under the section 527 to
Contributory
Contributory - the term contributory is
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