The Companies Act, 2013 has been notified in the Official Gazette on 30th August, 2013 but the provisions of this Act shall come into force on such date(s) as the Central Government may notify in the Official Gazette. The provisions concerning to Voluntary Winding up of Company was specified in section 304-325 of Companies Act, 2013 although these provisions not at all notified. Saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases. Section 272 of Companies Act, 2013 – Petition for winding up. In addition to the above, certain winding -up sections were also notified by MCA. Login : Advocate | Client Companies Act, 2013 . S.O. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows: — CHAPTER I PRELIMINARY 1. 325. A company may, on a petition be wound up by the Tribunal, — (a) if the company is unable to pay its debts (b) if the company has, by special resolution, resolved that the company be wound up by the Tribunal (c) if the company has acted against the … Petitions for winding up of companies are subject to various conditions, … The provisions of the act lay down proper procedures for the winding up of a company. According to sec 2(20) of the companies act, 2013 “’A company is a company formed under the companies Act 2013 or under any of the previous acts relating to companies.”. Application of insolvency rules in winding up of insolvent companies. Companies Incorporated Outside India. D. … 378. The focal point of this research paper is to study the laws and procedures of voluntary winding up under the Companies Act, 1956. Winding up by Tribunal under Companies Act 2013. The Corporate Affairs Ministry has notified the Companies (Winding Up) Rules, 2020, which would be effective from April 1. New Delhi: In a move that will help lessen the burden on the National Company Law Tribunal (NCLT), the government has notified the rules for winding up of companies under the companies law. The Companies Act, 2013: Companies Act, 2013; Companies Rules; Effective Dates; Notifications/Circulars Different provisions of the Companies (Amendment) Act, 2017 including any amendments, references in any provisions there in , shall come into force on such date or dates as the Central Government may, by notification in the Official Gazette appoints. (2) It extends to the whole of India. The notification states that the aforementioned sections would come into … Winding up by the Tribunal Companies Act, 2013. CA 29/12/2016 Company Law Leave a comment 11,305 Views. 303 of the Companies Act, 2013) read with Companies (Courts) Rule, 1959, deals with the provisions of Compulsory winding Up. of persons required to form a company One Person can form a One Person Company. Winding up or closure of private limited company under Companies Act, 2013. The Companies Act 2013 has replaced Companies Act 1956. Provisions of Chapter cumulative. Usually, it is the … Follow @SCJudgments. There are various methods under which the companies cease to exist. 25 Liquidator in Voluntary Winding-Up (1) ... and of the name of the Company Liquidator appointed to fill every such vacancy shall be given to the Registrar of Companies within ten days thereof in Form No. COMPANY LAW WINDING UP A COMPANY SEMESTER 9TH KALIM SHAHAB ... , security, public order, good order morality. Jump to: Go. The publication has been designed in a question and answer format to assist our members and fellow professionals in mitigating various queries relating to the Companies Act, 2013. 377. If a foreign company, carrying on business in India, ceases to do so, it can be wound-up according to the procedure applicable to unregistered companies. Com Law and Practice: A Digital eBook ... Case Laws Acts Notifications Circulars Classification Forms SMS News Articles. As the IBC got the president assent on 28/05/2016 as per section 255 and schedule XI of IBC the sections of Voluntary winding up “Omitted” from Companies Act, 2013. Methods of Closure of Companies. Prior to 1st April, 2017 voluntary Winding up was … Winding-up by Tribunal under the Companies Act, 2013: Procedure of Winding-up by Tribunal; Powers and duties of the Company Liquidator; Fraudulent preferences. The procedure is similar to the compulsory winding-up with certain minor exceptions. 3677(E) dated 07.12.2016. 1. 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