Section 350 of Companies Act, 2013 – Company Liquidator to deposit monies into scheduled bank

  • Updated Till : November 12, 2018

SECTION 350. COMPANY LIQUIDATOR TO DEPOSIT MONIES INTO
SCHEDULED BANK

[Effective from 15th December, 2016]

(1) Every Company Liquidator of a company shall, in such manner and at such times as may be prescribed, deposit the monies received by him in his capacity as such in a scheduled bank to the credit of a special bank account opened by him in that behalf:

Provided that if the Tribunal considers that it is advantageous for the creditors or contributories or the company, it may permit the account to be opened in such other bank specified by it.

(2) If any Company Liquidator at any time retains for more than ten days a sum exceeding five thousand rupees or such other amount as the Tribunal may, on the application of the Company Liquidator, authorise him to retain, then, unless he explains the retention to the satisfaction of the Tribunal, he shall—

(a)   pay interest on the amount so retained in excess, at the rate of twelve per cent per annum and also pay such penalty as may be determined by the Tribunal;

(b)   be liable to pay any expenses occasioned by reason of his default; and

(c)   also be liable to have all or such part of his remuneration, as the Tribunal may consider just and proper, disallowed, or may also be removed from his office.

 

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