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Chapter XX of Companies Act, 2013
Revision as of 07:10, 26 January 2015 by Webgeek
- 1 Chapter XX: Winding Up
- 2 Chapters and Sections from the Indian Companies Act, 2013
- 3 Other Related Acts
- 4 Related Rules
- 5 Related News
Chapter XX: Winding Up
- Section 270: Modes of winding up
Part I: Winding up by the Tribunal
- Section 271: Circumstances in which company may be wound up by Tribunal
- Section 272: Petition for winding up
- Section 273: Powers of Tribunal
- Section 274: Directions for filing statement of affairs
- Section 275: Company Liquidators and their appointments
- Section 276: Removal and replacement of liquidator
- Section 277: Intimation to Company Liquidator, provisional liquidator and Registrar
- Section 278: Effect of winding up order
- Section 279: Stay of suits, etc., on winding up order.
- Section 280: Jurisdiction of Tribunal
- Section 281: Submission of report by Company Liquidator
- Section 282: Directions of Tribunal on report of Company Liquidator
- Section 283: Custody of company's properties
- Section 284: Promoters, directors, etc., to cooperate with Company Liquidator
- Section 285: Settlement of list of contributories and application of assets.
- Section 286: Obligations of directors and managers
- Section 287: Advisory committee
- Section 288: Submission of periodical reports to Tribunal
- Section 289: Power of Tribunal on application for stay of winding up.
- Section 290: Powers and duties of Company Liquidator
- Section 291: Provision for professional assistance to Company Liquidator
- Section 292: Exercise and control of Company Liquidator's powers.
- Section 293: Books to be kept by Company Liquidator
- Section 294: Audit of Company Liquidator's accounts
- Section 295: Payment of debts by contributory and extent of set-off.
- Section 296: Power of Tribunal to make calls
- Section 297: Adjustment of rights of contributories
- Section 298: Power to order costs
- Section 299: Power to summon persons suspected of having property of company, etc.
- Section 300: Power to order examination of promoters, directors, etc
- Section 301: Arrest of person trying to leave India or abscond.
- Section 302: Dissolution of company by Tribunal.
- Section 303: Appeals from orders made before commencement of Act.
Part II: Voluntary winding up
- Section 304: Circumstances in which company may be wound up voluntarily.
- Section 305: Declaration of solvency in case of proposal to wind up voluntarily
- Section 306: Meeting of creditors
- Section 307: Publication of resolution to wind up voluntarily.
- Section 308: Commencement of voluntary winding up.
- Section 309: Effect of voluntary winding up.
- Section 310: Appointment of Company Liquidator.
- Section 311: Power to remove and fill vacancy of Company Liquidator
- Section 312: Notice of appointment of Company Liquidator to be given to Registrar.
- Section 313: Cesser of Board's powers on appointment of Company Liquidator.
- Section 314: Powers and duties of Company Liquidator in voluntary winding up
- Section 315: Appointment of committees
- Section 316: Company Liquidator to submit report on progress of winding up.
- Section 317: Report of Company Liquidator to Tribunal for examination of persons.
- Section 318: Final meeting and dissolution of company
- Section 319: Power of Company Liquidator to accept shares, etc., as consideration for sale of property of company.
- Section 320: Distribution of property of company.
- Section 321: Arrangement when binding on company and creditors
- Section 322: Power to apply to Tribunal to have questions determined, etc.
- Section 323: Costs of voluntary winding up
Part III: Provisions applicable to every mode of winding up
- Section 324: Debts of all descriptions to be admitted to proof
- Section 325: Application of insolvency rules in winding up of insolvent companies
- Section 326: Overriding preferential payments
- Section 327: Preferential payments
- Section 328: Fraudulent preference
- Section 329: Transfers not in good faith to be void
- Section 330: Certain transfers to be void
- Section 331: Liabilities and rights of certain persons fraudulently preferred
- Section 332: Effect of floating charge.
- Section 333: Disclaimer of onerous property
- Section 334: Transfers, etc., after commencement of winding up to be void.
- Section 335: Certain attachments, executions, etc., in winding up by Tribunal to be void.
- Section 336: Offences by officers of companies in liquidation
- Section 337: Penalty for frauds by officers.
- Section 338: Liability where proper accounts not kept.
- Section 339: Liability for fraudulent conduct of business
- Section 340: Power of Tribunal to assess damages against delinquent directors, etc.
- Section 341: Liability under sections 339 and 340 to extend to partners or directors in firms or companies.
- Section 342: Prosecution of delinquent officers and members of company.
- Section 343: Company Liquidator to exercise certain powers subject to sanction.
- Section 344: Statement that company is in liquidation.
- Section 345: Books and papers of company to be evidence.
- Section 346: Inspection of books and papers by creditors and contributories.
- Section 347: Disposal of books and papers of company.
- Section 348: Information as to pending liquidations.
- Section 349: Official Liquidator to make payments into public account of India.
- Section 350: Company Liquidator to deposit monies into scheduled bank.
- Section 351: Liquidator not to deposit monies into private banking account.
- Section 352: Company Liquidation Dividend and Undistributed Assets Account.
- Section 353: Liquidator to make returns, etc.
- Section 354: Meetings to ascertain wishes of creditors or contributories.
- Section 355: Court, tribunal or person, etc., before whom affidavit may be sworn.
- Section 356: Powers of Tribunal to declare dissolution of company void.
- Section 357: Commencement of winding up by Tribunal.
- Section 358: Exclusion of certain time in computing period of limitation.
Part IV: Official Liquidators
- Section 359: Appointment of Official Liquidator.
- Section 360: Powers and functions of Official Liquidator
- Section 361: Summary procedure for liquidation.
- Section 362: Sale of assets and recovery of debts due to company.
- Section 363: Settlement of claims of creditors by Official Liquidator.
- Section 364: Appeal by creditor.
- Section 365: Order of dissolution of company
Chapters and Sections from the Indian Companies Act, 2013
- Chapter I to VI: Section 1 to Section 87
- Chapter VII: Section 88 to Section 122
- Chapter VIII to X: Section 123 to Section 148
- Chapter XI to XIII: Section 149 to Section 205
- Chapter XIV to XVI: Section 206 to Section 246
- Chapter XVII to XIX: Section 247 to Section 269
- Chapter XX: Section 270 to Section 365
- Chapter XXI to XXVI: Section 366 to Section 406
- Chapter XXVII to XXVIII: Section 407 to Section 446
- Chapter XXIX: Section 447 to Section 470
Other Related Acts
- Companies Act, 1956
- Indian Contract Act, 1872
- Indian Partnership Act, 1932
- Companies (Amendment) Bill, 2014
- Companies (Meetings and Powers of Board) Rules, 2014
- Companies (Declaration and Payment of Dividend) Rules, 2014
- Companies (Audit and Auditors) Rules, 2014
- Companies (Accounts) Rules, 2014
- March 17, 2017: Amendment in Companies Act through Companies (Amendment) Bill, 2016
- March 8, 2016: Amendment in FCRA
- February 29, 2016: Companies Act 2013 to be amended to facilitate Ease of Doing Business
- April 29, 2015: Note on Companies (Amendment) Bill, 2014
- March 10, 2015: Notification of Section 135 of the Companies Act
- July 22, 2014: Changes in Companies Act
- July 18, 2014: Amendment in Companies Act, 1956
- June 12, 2014: Amendment to Rule 6 of the Companies Act
- December 12, 2013: Most Recommendations of The Damodaran Committee Taken Into Account In The Companies Act, 2013
- December 12, 2013: Measures to Prevent and Deal with Occurrence of Frauds
- December 7, 2013: Implementation of the New Company LawCompany Law
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