Section 361 of Companies Act, 2013 – Summary procedure for liquidation

  • Updated Till : November 11, 2018

SECTION 361. SUMMARY PROCEDURE FOR LIQUIDATION

[Effective from 15th December, 2016]

(1) Where the company to be wound up under this Chapter,—

(i)   has assets of book value not exceeding one crore rupees; and

(ii)   belongs to such class or classes of companies as may be prescribed,

the [1] [Central Government] may order it to be wound up by summary procedure provided under this Part.

(2) Where an order under sub-section (1) is made, the [1]  [Central Government] shall appoint the Official Liquidator as the liquidator of the company.

(3) The Official Liquidator shall forthwith take into his custody or control all assets, effects and actionable claims to which the company is or appears to be entitled.

(4) The Official Liquidator shall, within thirty days of his appointment, submit a report to the [1] [Central Government] in such manner and form, as may be prescribed, including a report whether in his opinion, any fraud has been committed in promotion, formation or management of the affairs of the company or not.

(5) On receipt of the report under sub-section (4), if the [1] [Central Government] is satisfied that any fraud has been committed by the promoters, directors or any other officer of the company, it may direct further investigation into the affairs of the company and that a report shall be submitted within such time as may be specified.

(6) After considering the investigation report under sub-section (5), the [1] [Central Government] may order that winding up may be proceeded under Part I of this Chapter or under the provision of this Part.

[1] Powers of Central Government delegated to Regional Director vide Notification No. No. S.O. 4090(E) dated 19th December, 2016.

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