3. An order ordering the defendants to contribute jointly and severally to the assets of that company and to pay to the liquidator of that company all the amounts which they may contribute to those assets, plus interest on those amounts in the amount of ……….. Percentage of the different dates on which the above amounts were unduly paid up to the date of repayment. 2. By means of a lease agreement based on the ………… Day from ………… 20. made between ………… of one party and the society of the other party says so………… The company was subject to all this (briefly indicate the rented premises and rent, in which special agreements are listed). The said lease* is now created and marked with an “A”. (Information on real estate pledged as collateral, whether provided by a company or a senior manager, its value and the data on which it was provided) 7. Causes of failure: The company was founded to develop the business of …………….
Me/Us……… From. hereby designates a creditor [or contributor] of the aforementioned company. From……………. as my/our general representative to vote for me/us and on my/our behalf at the meeting of creditors [or contributors] of said company who are on the …… Day of …………….. 20 …., and at each postponement thereof. (7) For the purposes of Article 363, creditors of the company must prove their claim in the manner provided for in Rules 100 to 125, with amendments and instructions from the central government listed in sub-rule (4). *Note: All assets that are specifically pledged or otherwise pledged as security must be included in this section. In the case of goods provided as security, those belonging to the company and those not in possession must be indicated separately.
1. The various persons whose names appear in the second column of the first annex have been included in that list of contributors as contributors to that company on the basis of the number of shares [or the level of interest] in relation to the names of those contributors on that list. This article summarizes the provisions of compulsory liquidation governed by the Companies Act, 2013 (“the Act”) and the Companies (Winding-up) Rules, 2020 (“the Rules”). In order to systematize the process of winding up a corporation under the Companies Act, 2013, the Ministry of Corporate Affairs (“MCA”) notified the Corporations (Winding-up) Rules, 2020 by notice dated January 24, 2020. These rules apply to “companies entering into liquidation in the circumstances referred to in section 271” and “summary liquidation proceedings under section 361” of the Companies Act 2013 and apply from 1 April 2020.It it should be noted here that voluntary liquidation and liquidation proceedings are due to the inability to settle debts, falls within the scope of the Insolvency and Bankruptcy Code. 2016 since its application. According to Rule 190 of the Corporations Rule (liquidation), 2020 provides for the powers and functions of the official liquidator. Note: It is the duty of persons who are required to provide the liquidator with the company`s accounting books completed and audited on the date of the order in accordance with § 274 paragraph 3, to report to the provisional liquidator at the time and place he can appoint, and to provide him with all the information he needs. 1. A meeting of the creditors of the aforementioned company was called by announcement in (here you enter the newspaper or newspapers) of the date(s)…….
20……… and took place on the day of…… 20 ……,to….. I was the chair of that meeting. Date of seizure of the books and papers and assets of the company Unless the court waives the processing of a list of contributions, the Client will establish the list of contributions within 21 days of the liquidation order. The list contains the name of each person who was a member at the beginning of the liquidation or their representative and the list appears on Form WIN-17. [The Corporation`s statement of affairs has not been filed (or has been filed and may be viewed during business hours against payment of prescribed fees at the Office of the Liquidator of the Corporation.)] (b) the enterprise whose total outstanding loan, including the secured loan, does not exceed fifty lakh rupees; or (ii) fails to publish its application within the time limit prescribed by these Rules of Procedure or by order of the Court; or *If the company whose liquidation is ordered is a banking company or insurance company, add at the end of clause (1) “and the Banking Companies Act 1949” or “and the Insurance Act 1938”. 3. I have included in the list below a statement indicating the amount due in relation to the proven and admitted debts against said company, as well as the estimated amount of costs, fees and expenses and ancillary costs related to the processing of cases, of which several amounts in the total amount is the sum of Rs…… approximately.
On January 24, 2020, MCA notified the Companies (Liquiding Up) Rules, 2020 (“Liquiding Up Rules”) effective April 1, 2020. While “voluntary liquidation” and “liquidation due to inability to settle debts” fall within the scope of the (Indian) Insolvency and Bankruptcy Code, 2016 (“IBC”), the Liquidation Rules establish liquidation proceedings under section 271 of the Companies Act, which prescribes the circumstances in which a company may be liquidated by the NCLT. Atul Pandey, a partner at Khaitan and Co, said that the striking feature of the new rules notified by the MCA was the summary liquidation proceedings introduced by Part V of the liquidation rules. Obtaining central government approval for the liquidation of companies instead of NCLT shortens the overall liquidation period. The liquidation of a company is the last step in the existence of a company. It is the process by which the company is terminated, that is, the process by which its existence of the company ends and it is eventually dissolved. Under section 270 of the Companies Act 2013, a company may be wound up either by a national companies court (“Tribunal”) or by voluntary liquidation. There can be several reasons for the liquidation of the company, including mutual agreement between stakeholders, loss, bankruptcy, death of project promoters, etc. There are no other assets belonging to said company other than the amounts due by some contributors to said company and, to our knowledge and belief, it will be impossible to do more than the sum of Rs…. approximately. I solemnly confirm and declare that I have no conflict of interest / lack of independence from my appointment as assistant to the liquidator of the aforementioned company.
1. I have on the. Day of. 20 to provide, in the manner set out below, a true copy of the communication which has just been prepared and which is shown to me and which bears the words `A` on each of the respective persons whose names, descriptions and addresses appear in the second and third columns of the first list of contributors to that company, registered by the liquidator of the company of that company on ……………