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Winding Up
of a Company
MUDS Management Pvt. Ltd.
MUDS Services
End-to-End
follow-up till
the process
is complete
Expert assistance
to start winding
up of a company
Advice on
Winding up
or liquidation
of a Company
Procedure for
Winding up
Private Limited
Company
Liaising with
the Ministry of
Corporate Affairs
(MCA) and NCLT
1 2 3 4 5
MUDS Management Pvt. Ltd.
OVERVIEW
MUDS Management Pvt. Ltd.
Winding up is a method through which the
disintegration of a company is brought about and
also its assets are realised as well as used in the
return of its debts. Once the debts are satisfied
then the remaining balance (if in case any) is
actually paid back to the members in percentage
to the offering made by them to the capital of the
company.
Who can carry out the
Winding up of Company?
When a Creditor Issues
the Winding Up Appeal
Bank ought to Freeze
the Company Accounts
as well as its Assets
When the Winding Up
Order is Granted
The Company gets
only 7 Days to Act
1
4
3
2
MUDS Management Pvt. Ltd.
Ways a company can be
wound up in one:
A company can be wound up in one of two ways:
Compulsory Winding Up Voluntary Winding Up
MUDS Management Pvt. Ltd.
MUDS Management Pvt. Ltd.
Compulsory Winding Up
Under section 272 of the companies act, the
petition for winding up of a company can be
initiated. A company’s inability to pay its debts is a
common ground for presenting an application for
compulsory winding up.
An Application to wind up a Company
compulsorily may be filed by:
The company itself.
01
Any director of the
company.
02
A creditor of the
company.
03
A contributory.
04
A liquidator of the
company.
05
A judicial manager
of the company.
06
Where the company
is carrying on or
carried on banking
business.
07
Various Ministers on
grounds specified
under the law.
08
MUDS Management Pvt. Ltd.
Voluntary winding up of a company takes place
by mutual agreement of the members of the
company. Voluntary winding up may take place
either by passing of a special resolution or by
passing an ordinary resolution by the members.
Voluntary Winding Up
MUDS Management Pvt. Ltd.
Advantages of
Voluntary Winding-up:
01
02
03
04
05
06
07
MUDS Management Pvt. Ltd.
Board continues to exist
Minimal intervention
from the government
Limit on Directors liability
Substantially private
process
No waiting period
Licensed Professional
Single window for the
entire process
Procedure - Winding up of a Company
MUDS Management Pvt. Ltd.
07
Custody of
Property
04
Appointment of
Provisional
Liquidator
01
Petition Filed for
Winding up of a
Company
09
Dissolving the
Company
06
Winding up
Order
03
Advertisement
08
Affairs of the
company
05
Send notice to
the Provisional
Liquidator
02
Statement of
Affairs of the
Company
Documents Required:
01
Certificate of
Incorporation of
the company
02
Memorandum of
association and
Articles of Association
of the company
03
Certificate related
to the closure of
bank account of
the company
04
Copy of the Board
Resolution
05
Copy of the resolution
of the creditors
stating that three -
fourth of members
have accepted
06
Statement of
Accounts of
the Company
MUDS Management Pvt. Ltd.
Documents Required:
07
Winding Up Petition
Form WIN 1 or WIN 2
08
Statement of Affairs of
the Company in the
Format of Form WIN 4
09
Affidavit of
Concurrence in
Format of
Form WIN 5
10
Advertisement in
the Vernacular
Newspaper
Form WIN 6
11
Appointment of
Provisional Liquidator
in the Format
WIN 7 and WIN 8
12
Form STK-2
Procedure for winding
up a defunct or
Dormant Company
MUDS Management Pvt. Ltd.
Winding Up of a Company - Muds Management

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Winding Up of a Company - Muds Management

  • 1. Winding Up of a Company MUDS Management Pvt. Ltd.
  • 2. MUDS Services End-to-End follow-up till the process is complete Expert assistance to start winding up of a company Advice on Winding up or liquidation of a Company Procedure for Winding up Private Limited Company Liaising with the Ministry of Corporate Affairs (MCA) and NCLT 1 2 3 4 5 MUDS Management Pvt. Ltd.
  • 3. OVERVIEW MUDS Management Pvt. Ltd. Winding up is a method through which the disintegration of a company is brought about and also its assets are realised as well as used in the return of its debts. Once the debts are satisfied then the remaining balance (if in case any) is actually paid back to the members in percentage to the offering made by them to the capital of the company.
  • 4. Who can carry out the Winding up of Company? When a Creditor Issues the Winding Up Appeal Bank ought to Freeze the Company Accounts as well as its Assets When the Winding Up Order is Granted The Company gets only 7 Days to Act 1 4 3 2 MUDS Management Pvt. Ltd.
  • 5. Ways a company can be wound up in one: A company can be wound up in one of two ways: Compulsory Winding Up Voluntary Winding Up MUDS Management Pvt. Ltd.
  • 6. MUDS Management Pvt. Ltd. Compulsory Winding Up Under section 272 of the companies act, the petition for winding up of a company can be initiated. A company’s inability to pay its debts is a common ground for presenting an application for compulsory winding up.
  • 7. An Application to wind up a Company compulsorily may be filed by: The company itself. 01 Any director of the company. 02 A creditor of the company. 03 A contributory. 04 A liquidator of the company. 05 A judicial manager of the company. 06 Where the company is carrying on or carried on banking business. 07 Various Ministers on grounds specified under the law. 08 MUDS Management Pvt. Ltd.
  • 8. Voluntary winding up of a company takes place by mutual agreement of the members of the company. Voluntary winding up may take place either by passing of a special resolution or by passing an ordinary resolution by the members. Voluntary Winding Up MUDS Management Pvt. Ltd.
  • 9. Advantages of Voluntary Winding-up: 01 02 03 04 05 06 07 MUDS Management Pvt. Ltd. Board continues to exist Minimal intervention from the government Limit on Directors liability Substantially private process No waiting period Licensed Professional Single window for the entire process
  • 10. Procedure - Winding up of a Company MUDS Management Pvt. Ltd. 07 Custody of Property 04 Appointment of Provisional Liquidator 01 Petition Filed for Winding up of a Company 09 Dissolving the Company 06 Winding up Order 03 Advertisement 08 Affairs of the company 05 Send notice to the Provisional Liquidator 02 Statement of Affairs of the Company
  • 11. Documents Required: 01 Certificate of Incorporation of the company 02 Memorandum of association and Articles of Association of the company 03 Certificate related to the closure of bank account of the company 04 Copy of the Board Resolution 05 Copy of the resolution of the creditors stating that three - fourth of members have accepted 06 Statement of Accounts of the Company MUDS Management Pvt. Ltd.
  • 12. Documents Required: 07 Winding Up Petition Form WIN 1 or WIN 2 08 Statement of Affairs of the Company in the Format of Form WIN 4 09 Affidavit of Concurrence in Format of Form WIN 5 10 Advertisement in the Vernacular Newspaper Form WIN 6 11 Appointment of Provisional Liquidator in the Format WIN 7 and WIN 8 12 Form STK-2 Procedure for winding up a defunct or Dormant Company MUDS Management Pvt. Ltd.