SlideShare a Scribd company logo
1 of 12
COMPANY LIQUIDATION ACCOUNTS
PRESENTED BY:-
DR. S. V. SHINDE
ASSOCIATE PROFESSOR - D.A.V.
VELANKAR COLLEGE OF COMMERCE,
SOLAPUR.
MEANING OF LIQUIDATION
 A company is an artificial person. It is created by law and
therefore law alone can dissolve it.
 On dissolution the company’s name shall be struck off by
the Registrar from the register of companies and he shall
also get the fact published in the official gazette.
 Liquidation or winding-up of a company is a process
by which dissolution of a company is brought about
and its property administered for the benefit of his
creditors and members.
MEANING OF LIQUIDATION CONTD…
 An administrator called liquidator is appointed and
he takes over the control of the company, collects
its assets, pays its debts, and finally distributes the
surplus among the members in accordance to their
rights.
 Thus liquidation or winding up ultimately leads to
dissolution of a company.
MODES OF WINDING UP
 Compulsory winding up
 Voluntary winding up
 Winding up under the supervision of the court
COMPULSORY WINDING UP
 Winding up of a company by an order of the court is
known as compulsory winding up.
 According to Section 433 of Companies Act the court
may order compulsory winding up under the following
circumstances:
 If the company commits default in holding the statutory
meeting
 If the company fails to commence business within a year of its
incorporation or suspends business for a year.
 If the company is unable to pay its debts
 If the court is of the opinion that it is just an equitable that the
company should be wound up.
VOLUNTARY WINDING UP
 A winding up without any intervention of the court it
termed as voluntary winding up.
 According to section 489 of The Companies Act, a
company may be wound up voluntarily:
 By passing an ordinary resolution in the General
Meeting
 By passing a special resolution to wind up voluntarily for
any reason whatsoever.
WINDING UP UNDER THE SUPERVISION OF
COURT
 According to Section 522 of the Companies Act, at
any time after the company has passed a resolution
for voluntary winding up, the court may make an
order that the voluntary winding up shall continue
subject to supervision of the court.
CONSEQUENCES OF WINDING UP
 An official designated as liquidator will take over the
administration of the company.
 The power of the Board of directors will terminate and will
now vest with the liquidator.
 The liquidator will realize the assets of the company and
distribute the proceeds among various claimants in the
following order:
a) Legal charges b) Liquidator’s Remuneration
c) Cost of expenses of winding up d) Workmen’s claims
and dues e) Preferential creditors f) Creditor’s secured by
floating charge g) Unsecured creditors.
 In case some surplus is still left it will be distributed
among the contributories as follows: a) Preference
Shareholders b) Equity shareholders
STATEMENT OF AFFAIRS
 According to Section 454 of the Companies Act, the
directors of the company have to submit a
statement of affairs of the company within 21 days
of passing of the winding up order or appointment
of liquidator.
 The statement should contain the following
particulars:
- The assets of the company stating separately the
cash balance in hand, at bank and negotiable
instruments if any held by the company.
- Company’s debts and liabilities
- Such further or other information as may be
prescribed by or as the liquidator may require.
STATEMENT OF AFFAIRS
 Assets not specifically pledged (as per list ‘A’)
Balance at Bank
Cash in hand
Marketable Securities
Bills Receivable
Trade Debtors
Loans & Advances
Unpaid Calls
Stock in Trade
Work in progress
Freehold Property
Leasehold Property
Plant & Machinery
Furniture and Fittings
Investments other than marketable securities
Other Property etc.
STATEMENT OF AFFAIRS
 Assets specifically pledged (as per List ‘B’):
Assets pledged Estimated Due to Deficiency Surplus
Realizable secured
Value creditors
----------- --------- ------------ -------- ---------

More Related Content

What's hot

What's hot (20)

Accounting for Partnership- Fundamentals.pptx
Accounting for Partnership- Fundamentals.pptxAccounting for Partnership- Fundamentals.pptx
Accounting for Partnership- Fundamentals.pptx
 
Profit Prior to Incorporation
Profit Prior to Incorporation Profit Prior to Incorporation
Profit Prior to Incorporation
 
winding up of company
winding up of companywinding up of company
winding up of company
 
Cash Flow Statement
Cash Flow StatementCash Flow Statement
Cash Flow Statement
 
FUND FLOW STATEMENT
FUND FLOW STATEMENTFUND FLOW STATEMENT
FUND FLOW STATEMENT
 
Capitalisation
CapitalisationCapitalisation
Capitalisation
 
Bank Reconciliation Statement
Bank Reconciliation StatementBank Reconciliation Statement
Bank Reconciliation Statement
 
Accountancy npo
Accountancy  npoAccountancy  npo
Accountancy npo
 
Funds flow statement
Funds flow statement Funds flow statement
Funds flow statement
 
Share capital
Share capitalShare capital
Share capital
 
Appointment of Auditor
Appointment of AuditorAppointment of Auditor
Appointment of Auditor
 
Cash flow statement
Cash flow statementCash flow statement
Cash flow statement
 
Governmental Accounting
Governmental AccountingGovernmental Accounting
Governmental Accounting
 
Issue of debentures by N. Bala Murali Krishna
Issue of debentures by N. Bala Murali KrishnaIssue of debentures by N. Bala Murali Krishna
Issue of debentures by N. Bala Murali Krishna
 
Cash flow statement
Cash flow statementCash flow statement
Cash flow statement
 
Retirement of a partner
Retirement of a partnerRetirement of a partner
Retirement of a partner
 
Liquidation
LiquidationLiquidation
Liquidation
 
Cash flow analysis
Cash flow analysisCash flow analysis
Cash flow analysis
 
Financial accounting (2)
Financial accounting (2)Financial accounting (2)
Financial accounting (2)
 
Branch accounts - slide share
Branch accounts - slide shareBranch accounts - slide share
Branch accounts - slide share
 

Similar to Company+liquidation+accounts (1)

Winding-up of the Company.pdf
Winding-up of the Company.pdfWinding-up of the Company.pdf
Winding-up of the Company.pdfMokshika Sharma
 
JD-liquidation-121002063302-phpapp01.pptx
JD-liquidation-121002063302-phpapp01.pptxJD-liquidation-121002063302-phpapp01.pptx
JD-liquidation-121002063302-phpapp01.pptxJalaludeenA
 
Winding_up_of_companies.ppt
Winding_up_of_companies.pptWinding_up_of_companies.ppt
Winding_up_of_companies.pptRubwayindustries
 
CL MOD 3 WHOLE MATERIAL.ppt
CL MOD 3 WHOLE MATERIAL.pptCL MOD 3 WHOLE MATERIAL.ppt
CL MOD 3 WHOLE MATERIAL.pptRubwayindustries
 
Winding_up_of_companies.ppt
Winding_up_of_companies.pptWinding_up_of_companies.ppt
Winding_up_of_companies.pptChrisMumelo
 
Meaning of liquidation
Meaning of liquidationMeaning of liquidation
Meaning of liquidationArshad Islam
 
Companies ordinance 1984 winding up
Companies ordinance 1984  winding upCompanies ordinance 1984  winding up
Companies ordinance 1984 winding upMoazzam Habib
 
Key Abstract of Modes of Winding up of a Company
Key Abstract of Modes of Winding up of a CompanyKey Abstract of Modes of Winding up of a Company
Key Abstract of Modes of Winding up of a Companyjayjani123
 
LIQUIDATION OF COMPANY.pdf
LIQUIDATION OF COMPANY.pdfLIQUIDATION OF COMPANY.pdf
LIQUIDATION OF COMPANY.pdfumeshc20
 
liqudation of companies
liqudation of companiesliqudation of companies
liqudation of companiesArun Mohan
 
DIY Members Voluntary Liquidation
DIY Members Voluntary LiquidationDIY Members Voluntary Liquidation
DIY Members Voluntary LiquidationSV Partners
 
Deregistration, Receivership & Winding Up
Deregistration, Receivership & Winding UpDeregistration, Receivership & Winding Up
Deregistration, Receivership & Winding UpNabilatul Husna
 
Unit V Windingup.pptx winding of a Company ;law
Unit V Windingup.pptx winding of a Company ;lawUnit V Windingup.pptx winding of a Company ;law
Unit V Windingup.pptx winding of a Company ;lawprasoona4
 

Similar to Company+liquidation+accounts (1) (20)

Chapter 7 law..winding up
Chapter 7 law..winding upChapter 7 law..winding up
Chapter 7 law..winding up
 
Winding-up of the Company.pdf
Winding-up of the Company.pdfWinding-up of the Company.pdf
Winding-up of the Company.pdf
 
Winding Up
Winding UpWinding Up
Winding Up
 
Winding up
Winding upWinding up
Winding up
 
Business law WINDING UP
Business law WINDING UP Business law WINDING UP
Business law WINDING UP
 
JD-liquidation-121002063302-phpapp01.pptx
JD-liquidation-121002063302-phpapp01.pptxJD-liquidation-121002063302-phpapp01.pptx
JD-liquidation-121002063302-phpapp01.pptx
 
Winding_up_of_companies.ppt
Winding_up_of_companies.pptWinding_up_of_companies.ppt
Winding_up_of_companies.ppt
 
CL MOD 3 WHOLE MATERIAL.ppt
CL MOD 3 WHOLE MATERIAL.pptCL MOD 3 WHOLE MATERIAL.ppt
CL MOD 3 WHOLE MATERIAL.ppt
 
Winding_up_of_companies.ppt
Winding_up_of_companies.pptWinding_up_of_companies.ppt
Winding_up_of_companies.ppt
 
Meaning of liquidation
Meaning of liquidationMeaning of liquidation
Meaning of liquidation
 
Companies ordinance 1984 winding up
Companies ordinance 1984  winding upCompanies ordinance 1984  winding up
Companies ordinance 1984 winding up
 
Key Abstract of Modes of Winding up of a Company
Key Abstract of Modes of Winding up of a CompanyKey Abstract of Modes of Winding up of a Company
Key Abstract of Modes of Winding up of a Company
 
Dissolution of Company
Dissolution of CompanyDissolution of Company
Dissolution of Company
 
Law chapter 7 siap
Law chapter 7 siapLaw chapter 7 siap
Law chapter 7 siap
 
LIQUIDATION OF COMPANY.pdf
LIQUIDATION OF COMPANY.pdfLIQUIDATION OF COMPANY.pdf
LIQUIDATION OF COMPANY.pdf
 
liqudation of companies
liqudation of companiesliqudation of companies
liqudation of companies
 
Winding up of a Company
Winding up of a CompanyWinding up of a Company
Winding up of a Company
 
DIY Members Voluntary Liquidation
DIY Members Voluntary LiquidationDIY Members Voluntary Liquidation
DIY Members Voluntary Liquidation
 
Deregistration, Receivership & Winding Up
Deregistration, Receivership & Winding UpDeregistration, Receivership & Winding Up
Deregistration, Receivership & Winding Up
 
Unit V Windingup.pptx winding of a Company ;law
Unit V Windingup.pptx winding of a Company ;lawUnit V Windingup.pptx winding of a Company ;law
Unit V Windingup.pptx winding of a Company ;law
 

More from Shivaji Shinde

Survey is a fact finding study
Survey is a fact finding studySurvey is a fact finding study
Survey is a fact finding studyShivaji Shinde
 
Qualitative data analysis
Qualitative data analysisQualitative data analysis
Qualitative data analysisShivaji Shinde
 
Accounting standards in india
Accounting standards in indiaAccounting standards in india
Accounting standards in indiaShivaji Shinde
 
Accounting standards b.com ii
Accounting standards b.com iiAccounting standards b.com ii
Accounting standards b.com iiShivaji Shinde
 
Accounting indian standards-international -ifrs
Accounting  indian standards-international -ifrsAccounting  indian standards-international -ifrs
Accounting indian standards-international -ifrsShivaji Shinde
 
Accounting indian standards-international -ifrs (2)
Accounting  indian standards-international -ifrs (2)Accounting  indian standards-international -ifrs (2)
Accounting indian standards-international -ifrs (2)Shivaji Shinde
 
Shares+and+share+capital
Shares+and+share+capitalShares+and+share+capital
Shares+and+share+capitalShivaji Shinde
 
Role of banks in financial inclusion of solapur district
Role of banks in financial inclusion of solapur districtRole of banks in financial inclusion of solapur district
Role of banks in financial inclusion of solapur districtShivaji Shinde
 
accounting introduction
accounting introductionaccounting introduction
accounting introductionShivaji Shinde
 
women entrepreneur.....24.03.2012...1
women entrepreneur.....24.03.2012...1women entrepreneur.....24.03.2012...1
women entrepreneur.....24.03.2012...1Shivaji Shinde
 

More from Shivaji Shinde (20)

Survey is a fact finding study
Survey is a fact finding studySurvey is a fact finding study
Survey is a fact finding study
 
Research report
Research reportResearch report
Research report
 
Qualitative data analysis
Qualitative data analysisQualitative data analysis
Qualitative data analysis
 
Observation
ObservationObservation
Observation
 
Questionnaire
QuestionnaireQuestionnaire
Questionnaire
 
Hypothesis
HypothesisHypothesis
Hypothesis
 
Case study
Case studyCase study
Case study
 
The research process
The research processThe research process
The research process
 
Accounting standards in india
Accounting standards in indiaAccounting standards in india
Accounting standards in india
 
Accounting standards b.com ii
Accounting standards b.com iiAccounting standards b.com ii
Accounting standards b.com ii
 
Accounting indian standards-international -ifrs
Accounting  indian standards-international -ifrsAccounting  indian standards-international -ifrs
Accounting indian standards-international -ifrs
 
Accounting indian standards-international -ifrs (2)
Accounting  indian standards-international -ifrs (2)Accounting  indian standards-international -ifrs (2)
Accounting indian standards-international -ifrs (2)
 
What is research
What is researchWhat is research
What is research
 
Working capital ppt
Working capital  pptWorking capital  ppt
Working capital ppt
 
Shares+and+share+capital
Shares+and+share+capitalShares+and+share+capital
Shares+and+share+capital
 
Set net
Set netSet net
Set net
 
Role of banks in financial inclusion of solapur district
Role of banks in financial inclusion of solapur districtRole of banks in financial inclusion of solapur district
Role of banks in financial inclusion of solapur district
 
accounting introduction
accounting introductionaccounting introduction
accounting introduction
 
women entrepreneur.....24.03.2012...1
women entrepreneur.....24.03.2012...1women entrepreneur.....24.03.2012...1
women entrepreneur.....24.03.2012...1
 
Literature review
Literature reviewLiterature review
Literature review
 

Recently uploaded

Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdfFraming an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdfUjwalaBharambe
 
Interactive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communicationInteractive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communicationnomboosow
 
Painted Grey Ware.pptx, PGW Culture of India
Painted Grey Ware.pptx, PGW Culture of IndiaPainted Grey Ware.pptx, PGW Culture of India
Painted Grey Ware.pptx, PGW Culture of IndiaVirag Sontakke
 
CARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxCARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxGaneshChakor2
 
Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17Celine George
 
Pharmacognosy Flower 3. Compositae 2023.pdf
Pharmacognosy Flower 3. Compositae 2023.pdfPharmacognosy Flower 3. Compositae 2023.pdf
Pharmacognosy Flower 3. Compositae 2023.pdfMahmoud M. Sallam
 
DATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersDATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersSabitha Banu
 
Meghan Sutherland In Media Res Media Component
Meghan Sutherland In Media Res Media ComponentMeghan Sutherland In Media Res Media Component
Meghan Sutherland In Media Res Media ComponentInMediaRes1
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Educationpboyjonauth
 
Earth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice greatEarth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice greatYousafMalik24
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...Marc Dusseiller Dusjagr
 
Enzyme, Pharmaceutical Aids, Miscellaneous Last Part of Chapter no 5th.pdf
Enzyme, Pharmaceutical Aids, Miscellaneous Last Part of Chapter no 5th.pdfEnzyme, Pharmaceutical Aids, Miscellaneous Last Part of Chapter no 5th.pdf
Enzyme, Pharmaceutical Aids, Miscellaneous Last Part of Chapter no 5th.pdfSumit Tiwari
 
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptxPOINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptxSayali Powar
 
Roles & Responsibilities in Pharmacovigilance
Roles & Responsibilities in PharmacovigilanceRoles & Responsibilities in Pharmacovigilance
Roles & Responsibilities in PharmacovigilanceSamikshaHamane
 
Employee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxEmployee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxNirmalaLoungPoorunde1
 
Capitol Tech U Doctoral Presentation - April 2024.pptx
Capitol Tech U Doctoral Presentation - April 2024.pptxCapitol Tech U Doctoral Presentation - April 2024.pptx
Capitol Tech U Doctoral Presentation - April 2024.pptxCapitolTechU
 
Biting mechanism of poisonous snakes.pdf
Biting mechanism of poisonous snakes.pdfBiting mechanism of poisonous snakes.pdf
Biting mechanism of poisonous snakes.pdfadityarao40181
 

Recently uploaded (20)

Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdfFraming an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
 
Interactive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communicationInteractive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communication
 
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdfTataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
 
OS-operating systems- ch04 (Threads) ...
OS-operating systems- ch04 (Threads) ...OS-operating systems- ch04 (Threads) ...
OS-operating systems- ch04 (Threads) ...
 
Painted Grey Ware.pptx, PGW Culture of India
Painted Grey Ware.pptx, PGW Culture of IndiaPainted Grey Ware.pptx, PGW Culture of India
Painted Grey Ware.pptx, PGW Culture of India
 
CARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptxCARE OF CHILD IN INCUBATOR..........pptx
CARE OF CHILD IN INCUBATOR..........pptx
 
Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17Computed Fields and api Depends in the Odoo 17
Computed Fields and api Depends in the Odoo 17
 
Pharmacognosy Flower 3. Compositae 2023.pdf
Pharmacognosy Flower 3. Compositae 2023.pdfPharmacognosy Flower 3. Compositae 2023.pdf
Pharmacognosy Flower 3. Compositae 2023.pdf
 
DATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersDATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginners
 
Meghan Sutherland In Media Res Media Component
Meghan Sutherland In Media Res Media ComponentMeghan Sutherland In Media Res Media Component
Meghan Sutherland In Media Res Media Component
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Education
 
Earth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice greatEarth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice great
 
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
 
Enzyme, Pharmaceutical Aids, Miscellaneous Last Part of Chapter no 5th.pdf
Enzyme, Pharmaceutical Aids, Miscellaneous Last Part of Chapter no 5th.pdfEnzyme, Pharmaceutical Aids, Miscellaneous Last Part of Chapter no 5th.pdf
Enzyme, Pharmaceutical Aids, Miscellaneous Last Part of Chapter no 5th.pdf
 
9953330565 Low Rate Call Girls In Rohini Delhi NCR
9953330565 Low Rate Call Girls In Rohini  Delhi NCR9953330565 Low Rate Call Girls In Rohini  Delhi NCR
9953330565 Low Rate Call Girls In Rohini Delhi NCR
 
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptxPOINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
POINT- BIOCHEMISTRY SEM 2 ENZYMES UNIT 5.pptx
 
Roles & Responsibilities in Pharmacovigilance
Roles & Responsibilities in PharmacovigilanceRoles & Responsibilities in Pharmacovigilance
Roles & Responsibilities in Pharmacovigilance
 
Employee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptxEmployee wellbeing at the workplace.pptx
Employee wellbeing at the workplace.pptx
 
Capitol Tech U Doctoral Presentation - April 2024.pptx
Capitol Tech U Doctoral Presentation - April 2024.pptxCapitol Tech U Doctoral Presentation - April 2024.pptx
Capitol Tech U Doctoral Presentation - April 2024.pptx
 
Biting mechanism of poisonous snakes.pdf
Biting mechanism of poisonous snakes.pdfBiting mechanism of poisonous snakes.pdf
Biting mechanism of poisonous snakes.pdf
 

Company+liquidation+accounts (1)

  • 1. COMPANY LIQUIDATION ACCOUNTS PRESENTED BY:- DR. S. V. SHINDE ASSOCIATE PROFESSOR - D.A.V. VELANKAR COLLEGE OF COMMERCE, SOLAPUR.
  • 2. MEANING OF LIQUIDATION  A company is an artificial person. It is created by law and therefore law alone can dissolve it.  On dissolution the company’s name shall be struck off by the Registrar from the register of companies and he shall also get the fact published in the official gazette.  Liquidation or winding-up of a company is a process by which dissolution of a company is brought about and its property administered for the benefit of his creditors and members.
  • 3. MEANING OF LIQUIDATION CONTD…  An administrator called liquidator is appointed and he takes over the control of the company, collects its assets, pays its debts, and finally distributes the surplus among the members in accordance to their rights.  Thus liquidation or winding up ultimately leads to dissolution of a company.
  • 4. MODES OF WINDING UP  Compulsory winding up  Voluntary winding up  Winding up under the supervision of the court
  • 5. COMPULSORY WINDING UP  Winding up of a company by an order of the court is known as compulsory winding up.  According to Section 433 of Companies Act the court may order compulsory winding up under the following circumstances:  If the company commits default in holding the statutory meeting  If the company fails to commence business within a year of its incorporation or suspends business for a year.  If the company is unable to pay its debts  If the court is of the opinion that it is just an equitable that the company should be wound up.
  • 6. VOLUNTARY WINDING UP  A winding up without any intervention of the court it termed as voluntary winding up.  According to section 489 of The Companies Act, a company may be wound up voluntarily:  By passing an ordinary resolution in the General Meeting  By passing a special resolution to wind up voluntarily for any reason whatsoever.
  • 7. WINDING UP UNDER THE SUPERVISION OF COURT  According to Section 522 of the Companies Act, at any time after the company has passed a resolution for voluntary winding up, the court may make an order that the voluntary winding up shall continue subject to supervision of the court.
  • 8. CONSEQUENCES OF WINDING UP  An official designated as liquidator will take over the administration of the company.  The power of the Board of directors will terminate and will now vest with the liquidator.  The liquidator will realize the assets of the company and distribute the proceeds among various claimants in the following order: a) Legal charges b) Liquidator’s Remuneration
  • 9. c) Cost of expenses of winding up d) Workmen’s claims and dues e) Preferential creditors f) Creditor’s secured by floating charge g) Unsecured creditors.  In case some surplus is still left it will be distributed among the contributories as follows: a) Preference Shareholders b) Equity shareholders
  • 10. STATEMENT OF AFFAIRS  According to Section 454 of the Companies Act, the directors of the company have to submit a statement of affairs of the company within 21 days of passing of the winding up order or appointment of liquidator.  The statement should contain the following particulars: - The assets of the company stating separately the cash balance in hand, at bank and negotiable instruments if any held by the company. - Company’s debts and liabilities - Such further or other information as may be prescribed by or as the liquidator may require.
  • 11. STATEMENT OF AFFAIRS  Assets not specifically pledged (as per list ‘A’) Balance at Bank Cash in hand Marketable Securities Bills Receivable Trade Debtors Loans & Advances Unpaid Calls Stock in Trade Work in progress Freehold Property Leasehold Property Plant & Machinery Furniture and Fittings Investments other than marketable securities Other Property etc.
  • 12. STATEMENT OF AFFAIRS  Assets specifically pledged (as per List ‘B’): Assets pledged Estimated Due to Deficiency Surplus Realizable secured Value creditors ----------- --------- ------------ -------- ---------