Complied AIComplied AIBack to law libraryReading nowCompanies Act, 201330 chapters · 517 sections
Chapters30
    • ¶Chapter 20 overview
    • 270Modes of winding up
    • 271Circumstances in which company may be wound up by Tribunal
    • 272Petition for winding up
    • 273Powers of Tribunal
    • 274Directions for filing statement of affairs
    • 275Company Liquidators and their appointments
    • 276Removal and replacement of liquidator
    • 277Intimation to Company Liquidator, provisional liquidator and Registrar
    • 278Effect of winding up order
    • 279Stay of suits, etc., on winding up order
    • 280Jurisdiction of Tribunal
    • 281Submission of report by Company Liquidator
    • 282Directions of Tribunal on report of Company Liquidator
    • 283Custody of company's properties
    • 284Promoters, directors, etc., to cooperate with Company Liquidator
    • 285Settlement of list of contributories and application of assets
    • 286Obligations of directors and managers
    • 287Advisory committee
    • 288Submission of periodical reports to Tribunal
    • 289Power of Tribunal on application for stay of winding up
    • 290Powers and duties of Company Liquidator
    • 291Provision for professional assistance to Company Liquidator
    • 292Exercise and control of Company Liquidator's powers
    • 293Books to be kept by Company Liquidator
    • 294Audit of Company Liquidator's accounts
    • 295Payment of debts by contributory and extent of set-off
    • 296Power of Tribunal to make calls
    • 297Adjustment of rights of contributories
    • 298Power to order costs
    • 299Power to summon persons suspected of having property of company, etc
    • 300Power to order examination of promoters, directors, etc
    • 301Arrest of person trying to leave India or abscond
    • 302Dissolution of company by Tribunal
    • 303Appeals from orders made before commencement of Act
    • 304Circumstances in which company may be wound up voluntarily
    • 305Declaration of solvency in case of proposal to wind up voluntarily
    • 306Meeting of creditors
    • 307Publication of resolution to wind up voluntarily
    • 308Commencement of voluntary winding up
    • 309Effect of voluntary winding up
    • 310Appointment of Company Liquidator
    • 311Power to remove and fill vacancy of Company Liquidator
    • 312Notice of appointment of Company Liquidator to be given to Registrar
    • 313Cesser of Board's powers on appointment of Company Liquidator
    • 314Powers and duties of Company Liquidator in voluntary winding up
    • 315Appointment of committees
    • 316Company Liquidator to submit report on progress of winding up
    • 317Report of Company Liquidator to Tribunal for examination of persons
    • 318Final meeting and dissolution of company
    • 319Power of Company Liquidator to accept shares, etc., as consideration for sale of property of company
    • 320Distribution of property of company
    • 321Arrangement when binding on company and creditors
    • 322Power to apply to Tribunal to have questions determined, etc
    • 323Costs of voluntary winding up
    • 324Debts of all descriptions to be admitted to proof
    • 325Application of insolvency rules in winding up of insolvent companies
    • 326Overriding preferential payments
    • 327Preferential payments
    • 328Fraudulent preference
    • 329Transfers not in good faith to be void
    • 330Certain transfers to be void
    • 331Liabilities and rights of certain persons fraudulently preferred
    • 332Effect of floating charge
    • 333Disclaimer of onerous property
    • 334Transfers, etc., after commencement of winding up to be void
    • 335Certain attachments, executions, etc., in winding up by Tribunal to be void
    • 336Offences by officers of companies in liquidation
    • 337Penalty for frauds by officers
    • 338Liability where proper accounts not kept
    • 339Liability for fraudulent conduct of business
    • 340Power of Tribunal to assess damages against delinquent directors, etc
    • 341Liability under sections 339 and 340 to extend to partners or directors in firms or companies
    • 342Prosecution of delinquent officers and members of company
    • 343Company Liquidator to exercise certain powers subject to sanction
    • 344Statement that company is in liquidation
    • 345Books and papers of company to be evidence
    • 346Inspection of books and papers by creditors and contributories
    • 347Disposal of books and papers of company
    • 348Information as to pending liquidations
    • 349Official Liquidator to make payments into public account of India
    • 350Company Liquidator to deposit monies into scheduled bank
    • 351Liquidator not to deposit monies into private banking account
    • 352Company Liquidation Dividend and Undistributed Assets Account
    • 353Liquidator to make returns, etc
    • 354Meetings to ascertain wishes of creditors or contributories
    • 355Court, tribunal or person, etc., before whom affidavit may be sworn
    • 356Powers of Tribunal to declare dissolution of company void
    • 357Commencement of winding up by Tribunal
    • 358Exclusion of certain time in computing period of limitation
    • 359Appointment of Official Liquidator
    • 360Powers and functions of Official Liquidator
    • 361Summary procedure for liquidation
    • 362Sale of assets and recovery of debts due to company
    • 363Settlement of claims of creditors by Official Liquidator
    • 364Appeal by creditor
    • 365Order of dissolution of company
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  1. Chapter 20

Chapter 20

Winding Up

96 sections (270–365)

  • 270Modes of winding up
  • 271Circumstances in which company may be wound up by Tribunal
  • 272Petition for winding up
  • 273Powers of Tribunal
  • 274Directions for filing statement of affairs
  • 275Company Liquidators and their appointments
  • 276Removal and replacement of liquidator
  • 277Intimation to Company Liquidator, provisional liquidator and Registrar
  • 278Effect of winding up order
  • 279Stay of suits, etc., on winding up order
  • 280Jurisdiction of Tribunal
  • 281Submission of report by Company Liquidator
  • 282Directions of Tribunal on report of Company Liquidator
  • 283Custody of company's properties
  • 284Promoters, directors, etc., to cooperate with Company Liquidator
  • 285Settlement of list of contributories and application of assets
  • 286Obligations of directors and managers
  • 287Advisory committee
  • 288Submission of periodical reports to Tribunal
  • 289Power of Tribunal on application for stay of winding up
  • 290Powers and duties of Company Liquidator
  • 291Provision for professional assistance to Company Liquidator
  • 292Exercise and control of Company Liquidator's powers
  • 293Books to be kept by Company Liquidator
  • 294Audit of Company Liquidator's accounts
  • 295Payment of debts by contributory and extent of set-off
  • 296Power of Tribunal to make calls
  • 297Adjustment of rights of contributories
  • 298Power to order costs
  • 299Power to summon persons suspected of having property of company, etc
  • 300Power to order examination of promoters, directors, etc
  • 301Arrest of person trying to leave India or abscond
  • 302Dissolution of company by Tribunal
  • 303Appeals from orders made before commencement of Act
  • 304Circumstances in which company may be wound up voluntarily
  • 305Declaration of solvency in case of proposal to wind up voluntarily
  • 306Meeting of creditors
  • 307Publication of resolution to wind up voluntarily
  • 308Commencement of voluntary winding up
  • 309Effect of voluntary winding up
  • 310Appointment of Company Liquidator
  • 311Power to remove and fill vacancy of Company Liquidator
  • 312Notice of appointment of Company Liquidator to be given to Registrar
  • 313Cesser of Board's powers on appointment of Company Liquidator
  • 314Powers and duties of Company Liquidator in voluntary winding up
  • 315Appointment of committees
  • 316Company Liquidator to submit report on progress of winding up
  • 317Report of Company Liquidator to Tribunal for examination of persons
  • 318Final meeting and dissolution of company
  • 319Power of Company Liquidator to accept shares, etc., as consideration for sale of property of company
  • 320Distribution of property of company
  • 321Arrangement when binding on company and creditors
  • 322Power to apply to Tribunal to have questions determined, etc
  • 323Costs of voluntary winding up
  • 324Debts of all descriptions to be admitted to proof
  • 325Application of insolvency rules in winding up of insolvent companies
  • 326Overriding preferential payments
  • 327Preferential payments
  • 328Fraudulent preference
  • 329Transfers not in good faith to be void
  • 330Certain transfers to be void
  • 331Liabilities and rights of certain persons fraudulently preferred
  • 332Effect of floating charge
  • 333Disclaimer of onerous property
  • 334Transfers, etc., after commencement of winding up to be void
  • 335Certain attachments, executions, etc., in winding up by Tribunal to be void
  • 336Offences by officers of companies in liquidation
  • 337Penalty for frauds by officers
  • 338Liability where proper accounts not kept
  • 339Liability for fraudulent conduct of business
  • 340Power of Tribunal to assess damages against delinquent directors, etc
  • 341Liability under sections 339 and 340 to extend to partners or directors in firms or companies
  • 342Prosecution of delinquent officers and members of company
  • 343Company Liquidator to exercise certain powers subject to sanction
  • 344Statement that company is in liquidation
  • 345Books and papers of company to be evidence
  • 346Inspection of books and papers by creditors and contributories
  • 347Disposal of books and papers of company
  • 348Information as to pending liquidations
  • 349Official Liquidator to make payments into public account of India
  • 350Company Liquidator to deposit monies into scheduled bank
  • 351Liquidator not to deposit monies into private banking account
  • 352Company Liquidation Dividend and Undistributed Assets Account
  • 353Liquidator to make returns, etc
  • 354Meetings to ascertain wishes of creditors or contributories
  • 355Court, tribunal or person, etc., before whom affidavit may be sworn
  • 356Powers of Tribunal to declare dissolution of company void
  • 357Commencement of winding up by Tribunal
  • 358Exclusion of certain time in computing period of limitation
  • 359Appointment of Official Liquidator
  • 360Powers and functions of Official Liquidator
  • 361Summary procedure for liquidation
  • 362Sale of assets and recovery of debts due to company
  • 363Settlement of claims of creditors by Official Liquidator
  • 364Appeal by creditor
  • 365Order of dissolution of company
Chapter 19Revival and Rehabilitation of Sick CompaniesChapter 21Companies Authorised to Register Under This Act