Which of the following person can present a petition for winding up of a company under the Companies Act?
Any person authorized by Central Government shall be entitled to present a petition for the winding up of the Companyif Tribunal is of the opinion that winding up of the Company is just and equitable or if the Company has acted against the interests of the sovereignty and integrity of India.
Who conducts the winding up proceedings of a company?
A summary procedure for winding up of companies is provided under section 361 of the Companies Act, 2013. The proceedings for liquidation are carried out by an Official Liquidator appointed by the Central Government.
What are the grounds for compulsory winding up of a company?
Grounds for Compulsory Winding-up (Sec. 433):
- A company may be wound-up by the Court under the following cases:
- (i) Special Resolution of the Company:
- (ii) Default:
- (iii) Not commencing or suspending the Company:
- (iv) Reduction of Members:
- (v) Inability to pay Debts:
- (vi) The Just and Equitable Clause:
Who may present the petition?
A petition to wind up a company may be presented by the company, the directors, any creditor or creditors, a contributory or contributories, the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates Court Act 1980 (enforcement of fines imposed on companies), any …
Who are the persons who can file petition for winding up of the company Mcq?
As per Section 272 , the following are the persons who can file a petition for winding up of the company. The Company. Any Contributory or Contributories. The Registrar with Approval Central Government and is given an opportunity of Being Heard.
What is winding up of company explain the compulsory winding up by the tribunal?
As per provisions of the Companies Act, 2013, compulsory winding up is possible only under the following circumstances: When the company has passed the special resolution effecting that the company be wound up by the Court or Tribunal. Has acted against the interest of the sovereignty and integrity of the country.
Who can file a petition for winding up under section 272?
The petition to wind up a company under Section 272 of the Act in the Tribunal can be filed by: The company. Any creditor. Stakeholder.
Who can appoint official liquidator in winding up?
The Official liquidator is the officer of high court. He is appointed from the date of the order of the winding up. He has certain duties to perform under the Companies Act and he has to do all the required things in respect of compulsory winding up of a company according to the instruction of the high court.
Which section provides for compulsory winding up?
According to Section 272 by the Companies Act, 2013 the following individuals have the authority to file for a compulsory winding up procedure under Companies Act.