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