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Compulsory Winding Up of the Company
Sonali
BBA/13/913
Tuesday, December 29, 2015
Winding Up
• Winding up/liquidation represents the last
stage in company’s life.
• It is a proceeding by which a company is
dissolved.
• The company’s assets are disposed of , the
debts are paid off out of the realised assets ,
and the surplus , if any is then distributed
among the members in proportion to their
holdings in the company
Modes of
Winding Up
There are two modes of winding up of a
company.
Winding up by the Tribunal
Voluntary winding up which may be
(a) members’ voluntary winding up OR
(b) creditors’ voluntary winding up
Winding Up by
Tribunal
The is also known as compulsory winding up
and a company may be wound up in the
following cases.
Special resolution of the company
Default in delivering the statutory report to the
Registrar
Failure to commence/suspension of business
Reduction in membership
Inability to pay its debts
Just and equitable
Petition
An application to the Tribunal for the winding
up of a company is made by a petition . This
may be presented in following cases:
Petition by the company
Petition by any creditor/creditors
Petition by any contributory/contributories
Petition by Registrar
Petition by central Government
Commencement
of Winding Up
Advertisement of petition
Powers Tribunal
Consequences of winding up order
Procedure of winding up by the Tribunal
 Committee of inspection
Dissolution of Company
Contributory
winding up of the company

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winding up of the company

  • 1. Compulsory Winding Up of the Company Sonali BBA/13/913 Tuesday, December 29, 2015
  • 2. Winding Up • Winding up/liquidation represents the last stage in company’s life. • It is a proceeding by which a company is dissolved. • The company’s assets are disposed of , the debts are paid off out of the realised assets , and the surplus , if any is then distributed among the members in proportion to their holdings in the company
  • 3. Modes of Winding Up There are two modes of winding up of a company. Winding up by the Tribunal Voluntary winding up which may be (a) members’ voluntary winding up OR (b) creditors’ voluntary winding up
  • 4. Winding Up by Tribunal The is also known as compulsory winding up and a company may be wound up in the following cases. Special resolution of the company Default in delivering the statutory report to the Registrar Failure to commence/suspension of business Reduction in membership Inability to pay its debts Just and equitable
  • 5. Petition An application to the Tribunal for the winding up of a company is made by a petition . This may be presented in following cases: Petition by the company Petition by any creditor/creditors Petition by any contributory/contributories Petition by Registrar Petition by central Government
  • 6. Commencement of Winding Up Advertisement of petition Powers Tribunal Consequences of winding up order Procedure of winding up by the Tribunal  Committee of inspection Dissolution of Company Contributory

Editor's Notes

  1. a formal written request, typically one signed by many people, appealing to authority in respect of a particular cause.