SECTION 313. CESSER OF BOARD'S POWERS ON APPOINTMENT OF COMPANY LIQUIDATOR [Yet to be notified] On the appointment of a Company Liquidator, all the powers of the Board of Directors and of the managing or whole-time directors and manager, if any, shall cease, except for the purpose of giving notice of such appointment of the… Read More
SECTION 312. NOTICE OF APPOINTMENT OF COMPANY LIQUIDATOR TO BE GIVEN TO REGISTRAR [Yet to be notified] (1) The company shall give notice to the Registrar of the appointment of a Company Liquidator along with the name and particulars of the Company Liquidator, of every vacancy occurring in the office of Company Liquidator, and of… Read More
SECTION 311. POWER TO REMOVE AND FILL VACANCY OF COMPANY LIQUIDATOR [Yet to be notified] (1) A Company Liquidator appointed under section 310 may be removed by the company where his appointment has been made by the company and, by the creditors, where the appointment is approved or made by such creditors. (2) Where a… Read More
SECTION 310. APPOINTMENT OF COMPANY LIQUIDATOR [Yet to be notified] (1) The company in its general meeting, where a resolution of voluntary winding up is passed, shall appoint a Company Liquidator from the panel prepared by the Central Government for the purpose of winding up its affairs and distributing the assets of the company and… Read More
SECTION 309. EFFECT OF VOLUNTARY WINDING UP [Yet to be notified] In the case of a voluntary winding up, the company shall from the commencement of the winding up cease to carry on its business except as far as required for the beneficial winding up of its business: Provided that the corporate state and corporate… Read More
SECTION 308. COMMENCEMENT OF VOLUNTARY WINDING UP [Yet to be notified] A voluntary winding up shall be deemed to commence on the date of passing of the resolution for voluntary winding up under section 304. Read More
SECTION 307. PUBLICATION OF RESOLUTION TO WIND UP VOLUNTARILY [Yet to be notified] (1) Where a company has passed a resolution for voluntary winding up and a resolution under sub-section (3) of section 306 is passed, it shall within fourteen days of the passing of the resolution give notice of the resolution by advertisement in… Read More
SECTION 306. MEETING OF CREDITORS [Yet to be notified] (1) The company shall along with the calling of meeting of the company at which the resolution for the voluntary winding up is to be proposed, cause a meeting of its creditors either on the same day or on the next day and shall cause a… Read More
SECTION 305. DECLARATION OF SOLVENCY IN CASE OF PROPOSAL TO WIND UP VOLUNTARILY [Yet to be notified] (1) Where it is proposed to wind up a company voluntarily, its director or directors, or in case the company has more than two directors, the majority of its directors, shall, at a meeting of the Board, make… Read More
SECTION 304. CIRCUMSTANCES IN WHICH COMPANY MAY BE WOUND UP VOLUNTARILY [Yet to be notified] A company may be wound up voluntarily,— (a) if the company in general meeting passes a resolution requiring the company to be wound up voluntarily as a result of the expiry of the period for its duration, if any, fixed… Read More
SECTION 303. APPEALS FROM ORDERS MADE BEFORE COMMENCEMENT OF ACT [Effective from 15th December, 2016] Nothing in this Chapter shall affect the operation or enforcement of any order made by any Court in any proceedings for the winding up of a company immediately before the commencement of this Act and an appeal against such order… Read More
SECTION 302. DISSOLUTION OF COMPANY BY TRIBUNAL [Effective from 15th December, 2016] (1) When the affairs of a company have been completely wound up, the Company Liquidator shall make an application to the Tribunal for dissolution of such company. (2) The Tribunal shall on an application filed by the Company Liquidator under sub-section (1) or… Read More
SECTION 301. ARREST OF PERSON TRYING TO LEAVE INDIA OR ABSCOND [Effective from 15th December, 2016] At any time either before or after passing a winding up order, if the Tribunal is satisfied that a contributory or a person having property, accounts or papers of the company in his possession is about to leave India… Read More