Consequences of Winding Up Upon the commencement of winding up proceedings‚ the following consequences shall apply: 1. The business of the company ceases from the commencement of the winding up‚ except so far as the liquidator thinks is necessary for the beneficial winding up of the company. In such an event‚ every invoice‚ order for goods or business letter issued by the company must have the words “in liquidation” added after the name of the company. The liquidator has no power to carry on
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Winding Up of Company The winding up is the process of putting an end to the life of the company. And during this process‚ the assets of the company are disposed of‚ the debts of the company are paid off out of the realized assets and if any surplus is left‚ it is distributed among the members in proportion to their shareholding in the company Q.1 WHAT ARE THE POWERS OF LIQUIDATOR LIQUIDATOR A person appointed to carry out the winding up of a company is called liquidator. If the winding
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1. Meaning of Winding up or liquidation The winding up or liquidation of a company means the termination of the company by stopping its business‚ collecting its assets and distributing creditors and shareholders‚ in the manner laid down in the Act. 2. Mode Of Winding Up According to section 234‚ the winding up of a company)‚ may be done in any three ways: one of the following (I) Compulsory winding up by the Court (ii) Voluntary winding up b)‚ the members or by creditors (iii) Voluntary
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JAN 2012 (7b) State the effects of the commencement of the winding up on the creditors‚ the company and the employees. Winding up is the process to bring an end the existence of the company. It is also known as liquidation. When a company is liquidated‚ its structure survives the appointment of a liquidator‚ but not the liquidation. Control of assets‚ conducting business‚ and other financial affairs are transferred to the liquidator. The directors cease to have any authority. All bank accounts are
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CHAPTER 24 Winding-Up (Sections 425 – 560) Contributories Liability as contributories of present and past members (Section 426) Question 1 By an order of the Court M/s ABC Limited was wound up with effect from 15.3.2002. Mr. Gupta‚ who ceased to be a member of the Company from 1.6.2001 received a notice from the liquidator to deposit a sum of ` 15‚000 as his contribution towards the liability on the shares previously held by him. Mr. Gupta seeks your opinion about his liability. Answer
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Winding up of Company: Winding up of a company is the process whereby its life is ended and its property administered for the benefit of its creditors and members. An administrator called a liquidator‚ is appointed and he takes control of the company‚ collects its debts and finally distributes any surplus among the members in accordance with their rights. Kind of Companies can be wound up: Only a limited company can be wound-up. The term "winding-up" (or "wound-up") bears a similar meaning of
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DEFINITION OF WINDING UP OF A COMPANY Winding up or liquidation of a company is the ending of a company’s life; its property administered for the benefit of its creditors and members. At the end of the winding-up‚ the company will be dissolved. There are two main types of winding up: compulsory‚ under and order of the court; and voluntary‚ under resolution of the company. VOLUNTARY WINDING UP In a voluntary winding-up‚ the members of the company have passed a resolution to wind-up the company
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Misstated Amount Due in Statutory Demand 3-5 Number of Members is Reduce Lower than Two 6-8 Voluntary Winding Up 9-10 Compulsory Winding Up 11-12 SCENARIO Anggun‚ Bromley and Chumbee and some friends have set up a business known as ABC Bhd which dealt with coffee drinks. Within five years of the incorporation of ABC Bhd‚ the company is making lots of profits
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1248 EP-CL-35 STUDY XXXV WINDING UP OF COMPANIES NOTE: Wherever the term ‘Court’ is being used in the chapter that will be substituted by ‘Tribunal’ in accordance with vide Companies (Second Amendment) Act‚ 2002 w.e.f. a date yet to be notified. INTRODUCTION -It is the process by which a company’s life is ended and its property administered by liquidator or administrator for the benefit of creditors and members -A company can be wound up even when it is solvent DIFFERENCES BETWEEN
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Winding up of Company Section 425 of the Companies Act‚ 1956‚ deals with the winding up of companies. Winding up of company is a legal procedure to dissolve the company and put an end to its life. The company ceases to be a ‘going concern’. The term winding up is defined as‚ ‘the process by which the life of a company is ended and its property is administered for the benefit of its members and creditors.’ During the process of winding up‚ the assets of the company are sold and all the debts
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