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Winding up of Company

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  •    Winding Up of a Company

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Winding up of Company

It (Winding up of a company) is the process whereby its life is ended and its Assetsaremanaged for the advantage of its creditors&members. A Manager, called a receiver is selected and he takes controller of the company, gathers its assets, pays its debts and finally apportions any surplus among the members in accordance with their rights.
Under the procedure, the life of the company is ended and its possessions is ended and its property is administered for the of the creditors and members. A liquidtor is selected to realise the assets and the goods of the company. After payment of the debts, is any excess of assets is let out they will be disseminated among the members according to their rights.

Voluntary Winding up of a company

The winding up of a company can also be done freely by
the members of the Company, if:

  • If the company authorizations an uncommon
    determination for winding up of the Company.
  • The company in overall meeting passes a determination
    requiring the company to be wound up freely as a result of
    the expiry of the period of its duration, if any, fixed by its articles of
    connotation or on the incidence of any event in respect of which
    the articles of association provide that the company should be
    softened.

Winding up of a company by Court of law

Issue notice in accord with the necessities of section 173(3) of the Companies
Act, 2013, for assembling a meeting of the Board of Managers. Main plan for
this Board meeting would be:

  • Creditors’ voluntry winding up company: The Company unable to pay its debts. Where
    the financial position of the company is such that it has more liabilities than assets and
    placing and after placing of the assets, it is still unable to quench its liabilities, it means
    that company is unable to pay itsarrears.
  • Members’ Voluntry winding up:A company must be in a position to pay its debts in
    full within 12 months after the beginning of winding up. The managers of the company
    are required to file a declaration of affluence to the above effect. The receiver will be
    selected by the corporation.

Procedure of Winding up:

The Originating Summons for the winding up of a company by the Court in either Form 2 or Form 3 of the Companies Rules must be filed together with a supporting affidavit (in Form 5).

When filing the CreatingInstruction, the accuser may suggest a person to be selected as the official receiver if a winding up order is made by the Court. Before the hearing of the MakingInstruction, the accuser, or his lawyer, must obtain and file the written consent of the nominated official receiver. If no official receiver is nominated, the Official Receiver is the default official receiver.An advertisement of the InitiatingCommand is required to be placed in English and a Chinese local daily newspaper as well as in the Government Publication.If any person intends to appear at the hearing, a Notice of Intention to Appear in Form8 must be given to the complainant or, or his attorney.

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