POINTS

EXPLANATION

1. Particulars to be mentioned in the Report of Company Liquidator:

Where the Tribunal has made a winding up order or appointed a Company Liquidator, such liquidator shall, within sixty days from the order, submit to the Tribunal, a report containing the following particulars, namely:

Contents of Liquidator's Report

• The nature and details of the assets of the company including their location and value, stating separately the cash balance in hand and in the bank, if any, and the negotiable securities, if any, held by the company. The valuation of the assets shall be obtained from registered valuers for this purpose.
• Amount of capital issued, subscribed and paid-up.
• The existing and contingent liabilities of the company including names, addresses and occupations of its creditors, stating separately the amount of secured and unsecured debts, and in the case of secured debts, particulars of the securities given, whether by the company or an officer thereof, their value and the dates on which they were given.
• The debts due to the company and the names, addresses and occupations of the persons from whom they are due and the amount likely to be realized on account thereof.
• Guarantees, if any, extended by the company
• List of contributories and dues, if any, payable by them and details of any unpaid call.
• Details of trademarks and intellectual properties, if any, owned by the company
• Details of subsisting contracts, joint ventures and collaborations, if any
• Details of holding and subsidiary companies, if any
• Details of legal cases filed by or against the company
• Any other information which the Tribunal may direct or the Company Liquidator may consider necessary to include

2. Company Liquidator to include in his Report manner of formation of company and
commission of any fraud in formation, etc.:

The Company Liquidator shall include in his report the manner in which the company was promoted or formed and whether in his opinion any fraud has been committed by any person in its promotion or formation or by any officer of the company in relation to the company since the formation thereof and any other matters which, in his opinion, it is desirable to bring to the notice of the Tribunal.

3. Report on viability of business of the company:

The Company Liquidator shall also make a report on the viability of the business of the company or the steps which, in his opinion, are necessary for maximizing the value of the assets of the company.

4. Permission to make additional reports:

The Company Liquidator may also, if he thinks fit, make any further report or reports.

5. Inspection of report by a creditor or contributory:

Any person describing himself in writing to be a creditor or a contributory of the company shall be entitled by himself or by his agent at all reasonable times to inspect the report submitted in accordance with this section and take copies thereof or extracts therefrom on payment of the prescribed fees.

POINTS

EXPLANATION

1. Fixation of Time limit for completion of proceedings and dissolution:

The Tribunal shall, on consideration of the report of the Company Liquidator, fix a time limit within which the entire proceedings shall be completed and the company be dissolved.

Revision of time limit: The Tribunal may, if it is of the opinion, at any stage of the proceedings, or on examination of the reports submitted to it by the Company Liquidator and after hearing the Company Liquidator, creditors or contributories or any other interested person, that it will not be advantageous or economical to continue the proceedings, revise the time limit within which the entire proceedings shall be completed and the company be dissolved.

2. Order of Tribunal:

The Tribunal may, on examination of the reports submitted to it by the Company Liquidator and after hearing the Company Liquidator, creditors or contributories or any other interested person, order sale of the company as a going concern or its assets or part thereof.

The Tribunal may, where it considers fit, appoint a sale committee comprising such creditors, promoters and officers of the company as the Tribunal may decide to assist the Company Liquidator in sale under this sub-section.

3. Tribunal may order for investigation against the company in respect of commission of fraud:

Where a report is received from the Company Liquidator or the Central Government or any person that a fraud has been committed in respect of the company, the Tribunal shall, without prejudice to the process of winding up, order for investigation under section 210, and on consideration of the report of such investigation it may pass order and give directions under sections 339 to 342 or direct the Company Liquidator to file a criminal complaint against persons who were involved in the commission of fraud.

4. Tribunal to take measures to safeguard the assets of the company:

The Tribunal may order for taking such steps and measures, as may be necessary, to protect, preserve or enhance the value of the assets of the company.

5. Tribunal may pass such other order / directions as it may consider fit:

The Tribunal may pass such other order or give such other directions as it considers fit.