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Whenever a corporation is wound up voluntarily, the corporation shall from the date of the commencement of the winding up, cease to carry on its undertaking, except in so far as may be required for the beneficial winding up thereof; and all transfers of shares, except transfers made to or with the sanction of the liquidators, or alterations in the status of the shareholders or members of the corporation taking place after the commencement of such winding up shall be void; but its corporate state and all its corporate powers, notwithstanding that it is otherwise provided by its constituting instrument or bylaws, shall continue until the affairs of the corporation are wound up.
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What are different ways of winding up companies?
Winding up also refers to liquidation
An order for winding up a banking company can be issued by?
The RBI
To see a sample of a hardship letter?
sample of letters by liquidators to creditor in case of a company winding up
How do you use serpentine in a sentence?
Serpentine usually refers to something winding, curving, or the like. It has roots in the word 'serpent' which is another name for snakes, which are usually winding or curving in shape. Here's an example: The serpentine trail snaked its way up the mountain.
How are directors paid?
Directors of a company are usually paid based on the contract that they signed with the company.
Modes of winding up of company?
there are three modes of winding up of a company:- 1. winding up by the court i.e., compulsory winding up(sec433 to 483) 2. voluntary winding up (sec. 484 to 521). this may be- (a) members voluntary winding up. (b) creditors voluntary winding up. 3. winding up subject to supervision of court.
Benefits of winding up of a company?
benefit of winding up
Winding up of a joint stock company?
it means to liquidation the company that we can do it by three methods winding up by court voluntary winding up and winding up subject to supervition of the court
Explain briefly the different modes of winding up of a company?
Modes of Winding Up of CompaniesAs per Section 425 of the Act, the modes of winding up are:Compulsory Winding up by the court. Members' Voluntary winding up.Creditors' Voluntary winding up.Voluntary winding up,Winding up subject to supervision of the court.MODES OF COMPANIES WINDING UPCompulsory Winding-up by the CourtThe court may wind up a Company:a. if the company has, by special resolution, resolved that the company should be wound up by the court;b. if default is made in delivering the statutory report to the Registrar or in holding the statutory meeting;c. if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year;d. if the number of members is reduced, in the case of a public company, below seven, and in the case of a private company, below two;e. if the company is unable to pay its debts;f. if the court is of the opinion that it is just and equitable that the company should be wound up.The 'just and equitable' clause effectively makes the powers of the court unlimited. In a normal situation, the court might order the winding-up of a company in situations such as a deadlock in the business or continuous losses eroding the capital.Voluntary Winding-upA voluntary winding-up may be made on any one of the following grounds:(a) when the period, if any, fixed for the duration of company by its articles, has expired;(b) an event has taken place, on the occurrence of which the articles provide that the company is to be dissolved;(c) if the company passes a special resolution that the company should be wound up voluntarily (section 484(1) of the Act).In circumstances (a) and (b), an ordinary resolution passed in a general meeting for winding-up is sufficient.A voluntary winding-up may be(a) a members' voluntary winding-up,(b) a creditors' voluntary winding-up.The members' voluntary winding-up may be resorted to only when the directors or the majority of the directors, are able, at a meeting of the board, to make a declaration verified by an affidavit, to the effect that they have made a full inquiry into the affairs of the company, and that, having done so, they are of the opinion that the company has no debts, or that it will be able to pay its debts in full within such period (not exceeding three years) from the commencement of the winding-up as may be specified in the declaration (section 488 of the Act). In circumstances where the company is not solvent, it cannot be wound up by way of members' voluntary winding-up and it must resort to a creditors' voluntary winding-up. The procedure for a creditors' voluntary winding-up is that the company causes a meeting of the creditors' voluntary winding-up is that the company causes a meeting of the creditors of the company to be called for the day, or the next following day, on which the general meeting of the company is to be held at which the resolution for winding-up is to be proposed, and causes notices of the meeting of creditors to be sent to the creditors by post, simultaneously with the sending of the notices of the general meeting of the company (section 500 of the Act). The creditors and the company at their respective meetings may nominate a person to be the liquidator for the purpose of winding up the affairs and distributing the assets of the company.Winding-up subject to the Supervision of the CourtAfter the company has passed a resolution for voluntary winding-up, the court may make an order that the voluntary winding-up shall continue, but subject to the supervision of the court and with such liberty for creditors, contributories or others to apply to the court, and generally on such terms and conditions as the court thinks just (section 533 of the Act). Thus, a voluntary winding-up can e converted into a winding-up subject to the supervision of the court, on terms and conditions imposed by the court.
Can a partnership have directors?
Where a corporation is a partner in a partnership, the corporation's directors can have an indirect effect on the partnership.
When was You Winding Me Up created?
You Winding Me Up was created on 2010-12-08.
What is LV winding of a transformer?
For a step-down transformer, its secondary winding will be the LV winding. For a step-up transformer, its primary winding will be its LV winding.
What are different ways of winding up companies?
Winding up also refers to liquidation
What are dangers of being affiliated in a gang?
Winding up in the system, winding up dead.
What do you mean by compulsory winding up of a company?
What do you understand by "compulsory" and "voluntary" winding up of a company
What is winding and rewinding?
Winding: To wind the coils into the slots on the stator or rotor and connecting them up to form a winding. Re-winding. Is to remove the old winding and doing what I explained above.
Can someone explain a winding up petition?
"For a business, a winding up petition is about the same as a bankruptcy. The more common term for a winding up petition is liquidation; that is, a company is forced to end."
