PPT- Voluntary Liquidation (Under section 59).pptx

VOLUNTARY LIQUIDATION OF COMPANIES

VOLUNTARY LIQUIDATION –
(AMENDMENT) LEGISLATIVE
FRAMEWORK
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IBBI (VOLUNTARY LIQUIDATION PROCESS) REGULATIONS,
2017
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REGULATIONS, 2017
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SECTION 59 OF
INSOLVENCY AND BANKRUPTCY
CODE,2016
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IBBI
(VOLUNTARY LIQUIDATION PROCESS)
REGULATIONS, 2017
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CS Dr AHALADA RAO VUMMENTHALA
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1. NAME OF CORPORATE PERSON
2. DATE OF INCORPORATION OF CORPORATE PERSON
3.
AUTHORITY UNDER WHICH CORPORATE PERSON ISINCORPORATED/ REGISTERED
4. CORPORATE IDENTITY NUMBER / LIMITED LIABILITYIDENTITY NUMBER OF
CORPORATE PERSON
5. ADDRESS OF THE REGISTERED OFFICE AND PRINCIPALOFFICE (IF ANY) OF
CORPORATE PERSON
6. LIQUIDATION COMMENCEMENT DATE OF CORPORATEPERSON
7. NAME, ADDRESS, EMAIL ADDRESS, TELEPHONENUMBER AND THE
REGISTRATION NUMBER OF THE
LIQUIDATOR
8. LAST DATE FOR SUBMISSION OF CLAIMS
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1. NAME OF OPERATIONAL CREDITOR
(IF AN INCORPORATED BODY PROVIDE IDENTIFICATION NUMBER AND PROOF OF
INCORPORATION, IF A PARTNERSHIP OR INDIVIDUAL PROVIDE IDENTIFICATION
RECORDS* OF ALL THE PARTNERS OR THE INDIVIDUAL)
2. ADDRESS OF OPERATIONAL CREDITOR FOR CORRESPONDENCE
3. TOTAL AMOUNT OF CLAIM, INCLUDING ANY INTEREST, AS AT VOLUNTARY
LIQUIDATION PROCESS COMMENCEMENT DATEAND DETAILS OF NATURE OF CLAIM
4. DETAILS OF ANY DISPUTE AS WELL AS THE RECORD OFPENDENCY OF SUIT OR
ARBITRATION PROCEEDINGS
186

5. DETAILS OF HOW AND WHEN DEBT INCURRED
6.
DETAILS OF ANY MUTUAL CREDIT, MUTUAL DEBTS, OR OTHER MUTUAL DEALINGS BETWEEN THE
CORPORATE PERSON AND THE OPERATIONAL CREDITOR WHICH MAY BE SET-OFF AGAINST THE
CLAIM
7.
DETAILS OF ANY RETENTION OF TITLE IN RESPECT OF GOODS OR PROPERTIES TO WHICH THE
DEBT REFERS OR ANY OTHER SECURITY
8. DETAILS OF ANY ASSIGNMENT OR TRANSFER OF DEBT IN HISFAVOUR
9. DETAILS OF THE BANK ACCOUNT TO WHICH THE OPERATIONAL CREDITOR’S SHARE OF THE
PROCEEDS OF LIQUIDATION CAN BETRANSFERRED
10. LIST OUT AND ATTACH THE DOCUMENTS RELIED ON INSUPPORT OF THE CLAIM.
2017
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Signature of operational creditor or person
authorised to act on his behalf
(Please enclose the authority if this is beingsubmitted on behalf of
the operational creditor)
Name in BLOCK LETTERS
Position with or in relation to creditor
Address of person signing
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1. NAME OF FINANCIAL CREDITOR
(IF AN INCORPORATED BODY PROVIDE IDENTIFICATION NUMBER AND PROOF
OF INCORPORATION, IF APARTNERSHIP OR INDIVIDUAL
PROVIDE IDENTIFICATION RECORDS* OF ALL THE PARTNERS OR THE
INDIVIDUAL)
2.
ADDRESS AND EMAIL OF FINANCIAL CREDITOR FORCORRESPONDENCE.
193

3. TOTAL AMOUNT OF CLAIM, INCLUDING ANY INTEREST, AS AT THE LIQUIDATION
COMMENCEMENT DATE AND DETAILS OF NATURE OF CLAIM (WHETHER TERM
LOAN,SECURED, UNSECURED)
4. DETAILS OF ANY ORDER OF A COURT OF TRIBUNAL THAT HAS ADJUDICATED ON
THE NON-PAYMENT OF DEBT
5. DETAILS OF HOW AND WHEN DEBT INCURRED
6. DETAILS OF ANY MUTUAL CREDIT, MUTUAL DEBTS, OR OTHER MUTUAL DEALINGS
BETWEEN THE CORPORATE PERSON AND THE FINANCIAL CREDITOR WHICH MAY
BESET-OFF AGAINST THE CLAIM
7. DETAILS OF ANY SECURITY HELD, THE VALUE OF THESECURITY, AND THE DATE IT
WAS GIVEN
8. DETAILS OF ANY ASSIGNMENT OR TRANSFER OF DEBTIN HIS FAVOUR
9. DETAILS OF THE BANK ACCOUNT TO WHICH THE FINANCIAL CREDITOR’S SHARE
OF THE PROCEEDS OF LIQUIDATION CAN BE TRANSFERRED
10. LIST OUT AND ATTACH THE DOCUMENTS BY REFERENCE TO WHICH THE DEBT
CAN BE SUBSTANTIATED AND IN SUPPORT OF THE CLAIM.
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Signature of financial creditor or person authorised to act on hisbehalf
(please enclose the authority if this is being submitted on behalfa financial creditor)
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1. NAME OF WORKMAN / EMPLOYEE
2. PAN, PASSPORT, THE IDENTITY CARD ISSUED BY THE
ELECTION COMMISSION OF INDIA OR AADHAAR CARD
OF WORKMAN / EMPLOYEE
3. ADDRESS AND EMAIL ADDRESS (IF ANY) OF WORKMAN /
EMPLOYEE FOR CORRESPONDENCE
200

4. TOTAL AMOUNT OF CLAIM
(INCLUDING ANY INTEREST AS AT THE VOLUNTARYLIQUIDATION
COMMENCEMENT DATE)
5. DETAILS OF ANY DISPUTE AS WELL AS THE RECORD OF PENDENCY OR ORDER OF
SUIT OR ARBITRATION PROCEEDINGS
6. DETAILS OF HOW AND WHEN CLAIM AROSE
7. DETAILS OF ANY MUTUAL CREDIT, MUTUAL DEBTS, OR OTHER MUTUAL DEALINGS
BETWEEN THE CORPORATE PERSON AND THE WORKMAN / EMPLOYEE WHICH
MAY
BE SET-OFF AGAINST THE CLAIM
8. DETAILS OF THE BANK ACCOUNT TO WHICH THE WORKMAN / EMPLOYEE’S SHARE
OF THE PROCEEDS OF LIQUIDATION CAN BE TRANSFERRED
9. LIST OUT AND ATTACH THE DOCUMENTS BY REFERENCE TO WHICH THE DEBT
CAN BE SUBSTANTIATED AND RELIED ON IN SUPPORT OF THE
CLAIM.
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Signature of workman / employee or person authorised to act on his behalf
[Please enclose the authority if this is being submitted on behalf of an operationalcreditor]
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S NO. NAME OF EMPLOYEE/
WORKMEN
IDENTIFICATION
NUMBER (PAN/,
TOTAL
AMOUNT DUEAND
DETAILS
PERIOD
OVER WHICH
DETAILS OF EVIDENCE OF
DEBT
PASSPORT NUMBER/,
AADHAAR NO. /
ON NATURE OFCLAIM AMOUNTDUE INCLUDING EMPLOYMENT
CONTRACTS
ID CARD ISSUED AND OTHER
BY THE
ELECTION
PROOFS
COMMISSION
AND EMPLOYEE
NO.,IF ANY
1.
2.
3.
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1. NAME OF STAKE-HOLDER
(IF AN INCORPORATED BODY PROVIDE IDENTIFICATION
NUMBER AND PROOF OF INCORPORATION. IF A
PARTNERSHIP OR INDIVIDUAL PROVIDE IDENTIFICATION
RECORDS* OF ALL THE PARTNERS OR THE INDIVIDUAL)
2. ADDRESS AND EMAIL OF THE STAKEHOLDERFOR
CORRESPONDENCE.
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3. TOTAL AMOUNT OF CLAIM, INCLUDING ANY INTEREST AS AT
LIQUIDATIONCOMMENCEMENT AND DETAILS OF NATURE OFCLAIM
4. DETAILS OF HOW AND WHEN CLAIM AROSE
5. DETAILS OF ANY MUTUAL CREDIT, MUTUAL DEBTS, OR OTHER
MUTUAL DEALINGS BETWEEN THE CORPORATE PERSON AND THE
OTHER STAKEHOLDER WHICH MAY BE SET-OFFAGAINST THE CLAIM
6. DETAILS OF ANY RETENTION OF TITLE IN RESPECT OF GOODS OR
PROPERTIES TO WHICH THE CLAIM REFERS
7. DETAILS OF ANY ASSIGNMENT OR TRANSFEROF DEBT IN HIS FAVOUR
8. DETAILS OF THE BANK ACCOUNT TO WHICHTHE OTHER
STAKEHOLDER’S SHARE OF THE
PROCEEDS OF LIQUIDATION CAN BETRANSFERRED
9. LIST OUT AND ATTACH THE DOCUMENTS BYREFERENCE TO WHICH
THE CLAIM CAN BE
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SUBSTANTIATED OR WHICH CAN BE RELIEDUPON IN SUPPORT OF
THE CLAIM.
Signature of stakeholder or person authorised to act on his behalf
(Please enclose the authority if this is being submitted on behalf of the otherstakeholder)
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Sl. No. Description Particulars
(1)
(2)
(3)
1 Name of the Corporate Person
2 Identification Number of Corporate Person (CIN/LLPIN)
3 Voluntary Liquidation Commencement Date
4 Date of Deposit into the Corporate Voluntary Liquidation Account
5 Amount deposited into the Corporate Voluntary Liquidation Account (Rs.)
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6 Bank Account from which the amount is transferred to Corporate Voluntary Liquidation
Account
a. Account No:
b. Name of Bank:
c. IFSC:
d. MICR:
a. Address of Branch of the Bank:
7 Details of the Amount (Rs.) deposited into Corporate Voluntary Liquidation Account
a. Unclaimed dividends
b. Undistributed proceeds
c. Income earned till the due date of deposit
d. Interest at the rate of twelve per cent on the amount retained beyond due date (Please
show computation of interest amount)
Total
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Sl.
No.
Name of
stakeholder entitled
toreceive unclaimed
dividends or
undistributed
proceeds
Address, phone
numberand email
address of the
stakeholder
Identification Number of
the stakeholder (PAN,
CIN/LLPIN/DIN,
Aadhaar No.) (Please attach
Identificationproof.)
Amount dueto
the stakeholder
(Rs.)
Nature of
Amountdue
Remarks
(1) (2) (3) (4) (5) (6) (7)
1
2
3
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Sl.
No.
Particulars
Description
(1)
(2) (3)
1 Name of the corporate person
2 CIN/LLPIN of the corporate person
3 NCLT Bench
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4 Date of initiation of voluntary liquidation process
5 Date of appointment of Liquidator
6 Liquidator’s Registration No. as IP
7 Whether the Liquidator was replaced during the process (Yes /
No)
If yes Name of previous Liquidator and his registration No.
Date of replacement of previous Liquidator
8 Date of opening of bank account for liquidation (with account
details)
9 Date of notice for uncalled capital/unpaid capital contribution
10 Date of realization of uncalled capital/unpaid capital
contribution
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11
Date of intimation to statutory authority as applicable.
a. PF
b. ESI
c. Income Tax
d. Inspector of Factory
e. GST/VAT
f. RBI
g. Others
12 Amount deposited into Corporate Voluntary LiquidationAccount:
a. Amount of unclaimed dividends
b. Amount of undistributed proceeds
c. Income referred to in sub-regulation (2) and (3) ofregulation 39
d. Interest referred to in sub-regulation (4) of regulation 39
Total
13 Remuneration of Liquidator (Rs.)
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Sl.
No.
Particulars Description
(1)
(2)
(3)
1 Year of Incorporation
2 Objects in brief
3
Paid up Share Capital / Capital (Amount in Rs.)
4
Assets as on Liquidation Commencement date (Amount in
Rs.)
5
Debt payable as on Liquidation Commencement date (Amount
in Rs.)
6 Net-worth of the Corporate Person (Amount in Rs.)
7 Reasons for initiating voluntary liquidation, in brief
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Sl. No. Particulars Amount (Rs)
(1)
(2)
(3)
1 Sale of Assets
2 Refund from Statutory Authorities
3 Cash / Bank balance
4 Realisation of uncalled/unpaid capital
contribution
5 Distribution of unsold asset
6
Any other (Please specify)
Total
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Sl.
No.
Stakeholders*under section
52 and 53 (1)
AmountClaimed Amount Admitted Amount Distributed Amount Distributed to
the Amount
Claimed (%)
Remarks
(1) (2) (3) (4) (5) (6) (7)
1
Realization ofSecurity
Interest [Sec.
52(1)(b)]
2
Liquidation
Cost [Sec.53(1)(a)]
3
Workmen’sDues [Sec.
53(1)(b)(i)]
4 Debts of Secured Creditors
[Sec.
53(1)(b)(ii)]
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5
Wages and Unpaid Dues to
Employees
[Sec. 53(1)(c)]
6 Debts of Unsecured
Financial
Creditors [Sec.
53(1)(d)]
7 Government Dues + Amount
Unpaid following Enforcement of
Security Interest
[Sec.53(1)(e)]
8
Any remaining Debts and Dues
[Sec. 53(1)(f)]
9
Preference
Shareholders [Sec. 53(1)(g)]
10
Equity
Shareholders [Sec.53(1)(h)]
Total
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Sl.
No.
Section / Regulation
Description of Task Norm
(Numberof Days)
ComplianceDate Actual Timeline
(Number of
days)
(1) (2) (3) (4) (5) (6)
1 Section
59(3)(a),
Declaration from majority of
directors / partners regarding
T – 28
Regulation3(1) (a) solvency of corporate person and it not being
liquidated todefraud any person
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2017
2
Section 59[(3)(c) and
(5)], Regulation3(1)(c) and
3(3)
Passing of resolution / special resolution by members /
partners about commencement of voluntary liquidation
process and appointment of insolvency professional as
liquidator
T = 0
3
Proviso toSection
59(3)(c),
Regulation3(1)(c)
Approval of creditors representing two-third in value of debt, if
the corporate person owes any debt, of the resolution passed
under section 59(3)(c) orregulation 3(1)(c)
T + 7
4
Regulation5(2) Intimation by Insolvency Professional regarding his
appointment as Liquidator, to the Board
T + 7
5 Regulation 14
(1)
Public Announcement in FormA by the Liquidator T + 5
6
Section 59(4),
Reg. 3(2)
Notification to Registrar of Companies and Board about the
resolution passed under section 59(3)(c) and regulation
3(1)(c) or subsequent approval of creditors thereto, as the
case may be, by corporate person
T + 7 or T
+ 14
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2017
7 Section 38(1),
Regulation 14
(2)
Submission of claims bystakeholders
T + 30
8 Section 38(5)
Withdrawal/ modification ofclaim by stakeholders
T + 44
9
Regulation9(1) Submission of preliminary report to the corporate person by the
Liquidator
T + 45
10
Regulation29(1) Verification of claims by theLiquidator
T + 60
11 Section 40 (2)
Intimation about decision of acceptance/ rejection of claim to
the stakeholders by the Liquidator
T + 67
12 Regulation30(2) Preparation of list ofstakeholders by the Liquidator T + 45*/75
13 Section 42 Appeal by creditor against thedecision of the Liquidator T + 81
14 Regulation35(1) Distribution of the proceeds tostakeholders by the
Liquidator
Date of realization
+ 30
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15
Regulation39(2) Deposit of amount of unclaimed dividends and undistributed
proceeds in Corporate Voluntary Liquidation Account by the
Liquidator
Prior to submissionof
applicationunder sub-
section (7) of section
59
16
Regulation38(2) Submission of Final Report to the Board and Registrar of
Companies by the Liquidator
T + 90*/270
17
Section 59(7),Regulation
38(3)
Submission of Final Report, along with the application for
dissolution, to AA
T + 90*/270
18
Regulation37(1) Completion of VoluntaryLiquidation Process T + 90*/270
19
Regulation37(2) Meeting of Contributories and presentation of Annual Status
Report
T + 365
235

2017
Sl.
No.
Deviation / Non-
complianceobserved
Section of the Code /
Regulation No. / CircularNo.
Reasons Whether
rectified ornot
(1) (2) (3) (4) (5)
1
2
3
236

2017
Sl.
No.
Type of Transaction Date of Filing with
Adjudicating
Authority
Date of Order ofthe
Adjudicating
Authority
Brief of theOrder
(1) (2) (3) (4) (5)
1 Preferential transactions under
section 43
2 Undervalued transactions
under section 45
3 Extortionate credit
transactions under section 50
4 Fraudulent transactions under
section 66
237

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Sl. No. Description Particulars
(1) (2) (3)
1 Name of the Corporate Person
2 Identification Number of Corporate Person (CIN/LLPIN)
3 Voluntary Liquidation Commencement Date
4 Date of Dissolution Order
5 Date of Deposit into the Corporate Voluntary Liquidation Account
6 Name of the Stakeholder seeking withdrawal
7
Identification Number of the Stakeholder
a. PAN
b. CIN/LLPIN/DIN
c. Aadhaar No.
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2017
8 Address and Email Address of Stakeholder
9 Amount of Claim of the Stakeholder, admitted by the Liquidator
10
Amount of unclaimed dividends / undistributed proceeds deposited by the Liquidator in the
Corporate Voluntary Liquidation Account against the stakeholder
11
Amount of unclaimed dividends / undistributed proceeds the Stakeholderseeks to withdraw
from the Corporate Voluntary Liquidation Account
12 Bank Account to which the amount is to be transferred from the CorporateVoluntary Liquidation
Account, if withdrawal is approved
(a) Account No.:
(b) Name of Bank:
(c) IFSC:
(d) MICR:
(e) Address of Branch of the Bank:
13 Reasons for not taking dividend or proceeds during the Voluntary LiquidationProcess
14 Any legal disability in applying for withdrawal? (Yes / No), If yes, pleaseprovide details
240

2017
241

2017
242

2017
243

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Date Particulars
Ledger
Folio No.
Receipt Payments Balance
Voucher
No.
Cash Bank Total Voucher
No.
Cash Bank Total Cash Bank Total
1 2 3 4 5 6 7 8 9 10 11 12 13 14
244

2017
Date Particulars Dr. (Rs.) Cr. (Rs.) Balance(Rs.)
1 2 3 4 5
245

2017
246

2017
247

2017
Date Particulars Deposits Withdrawals Balance
Challan
Number
Rs. Cheque
Number
Rs. Rs.
1 2 3 4 5 6 7
248

2017
Sl.
No.
Description of
assets
Date of taking
possession
Serial
number of
Sales
Register
Dateof
sale
Date of
realization
Amount Remarks
1 2 3 4 5 6 7 8
1.
2.
249

2017
Sl. No. Petition
number and
nameof the
corporate
person
Date of
investment
Nature and
particularsof
security in
which
investmentis
made
Amount
Invested
(Rs.)
Dividendor
interest
received
with dateof
receipt(Rs.)
Date of
disposal
Rema
rks
1 2 3 4 5 6 7 8
1.
2.
250

2017
Sl. No. Name and
addres s
of debtor
Particulars of
debt
Amount
due (Rs.)
Date of bar
by limitat
ion
Amo unt
realised
(Rs.)
Action
taken
Date of
realisat ion
Refere nce
toSuits
Register
Re ma
rks
1. 2 3 4 5 6 7 8 9 10
1.
2.
3.
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252

2017
Month Demand Realization Balance Remarks
Amount
(Rs.)
Date Amount(Rs.) Amount (Rs.)
1 2 3 4 5 6
January
February
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Sl.
No.
Nu
mber
of suit
or ap
peal
an d
court
Nam e
andaddr
ess of
plain
tiff/
appel
lant and
his advo
cate
Name and
address of
defend
ant/
respon
dent and
his advoc
ate
Amo
unt of
clai m
Da te
of fili
ng
Dates
of hear
ing
Date
ofdec
ree or
final
order
Nature
ofrelief
granted
Amo
unt
decr
eed
Costs
decr
eed
Reference
to Decree
Register
Re mar
ks
1 2 3 4 5 6 7 8 9 10 11 12 13
1.
2.
254

2017
Number of suit or
appeal and court
Name and
addressof
judg-ment
debtor
Amount
Decreed
(Rs.)
Date of
decree
Actiontaken Amount
realized (Rs.)
Date of
realisa
-
tion
Reference to
Suits Register
1 2 3 4 5 6 7 8
1.
2.
255

2017
Claims Distributions declared and paid Re m ar
ks
Sl.
No.
Namean
d Addre
ss of cre
dit or
Amou nt
claim ed
(Rs
.)
N
ature
ofclai
m( R
s.
)
A
mo unt
ad mit
ted(R
s.)
Wh eth
er or din
ary or
pre fer
ential
D
ate
A
moun
t ( R
s.
)
Date an
d M
ode of
Paym
ent
Rate A
m ou nt
(R
s.)
D
at e and
m ode
of paym
en
t
Ra te A
m ou nt
(R
s.)
Da te an
d mo de
of paym
ent
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1.
2.
256

2017
Sl.
No.
Name and address
of contributory
Number of
share s or
extentof intere
st held,a nd
amou nt paid
thereon
Calls
Rem arks Returns of sharecapital Remarks
First call 2nd
call/3rd
call
Da te of retur n Date of Pay
ment
Amount
paid
(Rs.)
Date of call
andamount
called
Amount paid
and dateof
pay ment
(Rep eat
colu mns
as unde r
firstcall)
1 2 3 4 5 6 to
9
10 11 12 13
1.
2.
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Date Number on list ofstakeholders Particulars Receipts
Payments
1 2 3 4 5
1.
2.
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2017
Amount realized on
which fee arepayable
Amount distributedon
which fee are payable
Fee payable on the amounts
in the two preceding
columns
Total fee
payable
Date of
payment
1 2 3 5 6
1.
2.
259

2017
Date Particulars Debit (Rs.) Credit(Rs.) Balance (Rs.)
1 2 3 4 5
1.
2.
260

2017
Date Particulars Debit (Rs.) Credit(Rs.) Balance (Rs.)
1 2 3 4 5
1.
2.
261

2017
Date From whom received Serial Number Description of books,
including files
Shelf number How disposedof Remarks
1 2 3 4 5 6 7
1.
2.
262

2017
Sl. No. Name of
person
entitled to
the dividend
or
return
Whether Creditor
or Contributory
Number on list of
stakeholders
Date of
declarationof
dividendor
return
Rate of
dividendor
return
Total
amount
payable
(Rs.)
1 2 3 4 5 6 7
1.
2.
263

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PPT- Voluntary Liquidation (Under section 59).pptx