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Winding Up of A Company

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Overview of Winding Up of A Company

An inactive company that has not conducted any commercial operations or activities for the last year or since its establishment and has no assets or liabilities may ask for the name to be removed under the Fast Track Exit Mode.

The provisions governing a company’s winding up are controlled by the Insolvency and Bankruptcy Code. Aside from that, the regulations of the Companies Act, 2013, regulate the dissolution of a business.

With the assistance of Law Suvidha, wind up your company in the shortest time. Get all the processes done faster, better, and more easily. 

Benefits of Winding up a Company

Liberated from obligations upon liquidation

Once the liquidation procedure is completed, all organisational authorities are free of all liabilities and burdens.

Avoiding a lawsuit against the organisation

If the goals are set on purpose by the chiefs, they will dismiss any legal action taken by the court or the council, allowing organisation leaders to focus on other economic opportunities.

Comparably low cost of liquidation

The expenditure or expenses associated with the liquidation procedure are normally minimal, as charges will be levied on the offer of benefits.

All rent/lease agreements will be terminated

If any company or element has gone into rent for an approved duration, it will transmit all the terms and conditions of the rent throughout the liquidation operation. If a penalty is required, it will be taken from the benefits or assets offered.

Favourable conditions for loan lenders

Following a protracted struggle, banks will benefit from the liquidation operation since they will be eligible for a default instalment, based on the credit suggestions offered by all lenders.

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Documents Required for Winding Up a Company

The following documents are required for Winding up a Company:

 

  • Certificate of Incorporation of the company
  • Memorandum of association and Articles of Association of the company
  • Certificate related to the closure of bank account of the company
  • Copy of the Board Resolution
  • Copy of the resolution of the creditors with three-fourth of members acceptance
  • Statement of Accounts of the Company
  • Winding Up Petition Form WIN 1 or WIN 2
  • Statement of Affairs of the Company in the Format of Form WIN 4
  • Affidavit of Concurrence in Format of Form WIN 5
  • Advertisement in the Vernacular Newspaper Form WIN 6
  • Appointment of Provisional Liquidator in the Format WIN 7 and 8
  • Form STK-2 (Procedure for Dissolving a Dormant Company) ( Only used for the fast track procedure carried out by the courts)

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Frequently Asked Questions (FAQ)

The following are probable reasons for a company’s collapse:

  • The Company’s unpaid debts
  • A special resolution approved of dissolving a firm.
  • Any illegal act committed by the Company or its members Any fraudulent act or misconduct committed by the Company Failure to file an annual account or financial statement with the Registrar of Companies for the preceding five years
  • As stated in the AOA, any act neglected or not performed must be provided for the winding up of the company
  • The Company voluntarily closes its doors.

There are two different types of winding up a company. These include:

Winding up by Tribunal– When external members are involved in the winding-up process, it is referred to as winding-up by a creditor. Creditors’ voluntary winding up can be converted into winding up by a tribunal under sections 270 and 271 of the CA 2013.

Voluntary Winding Up– This is regarded when the firm wishes to carry out the process by the board and the member resolution. Voluntary winding up is classified as either a member voluntary winding up or creditor voluntary winding up.

Section 361 of the Companies Act of 2013 contains a simple method for winding up a company. This mechanism is used to expedite the resolution of lawsuits brought by the firm.

The summary procedure for winding up a company is the same process as the NCLT procedure; however, the summary approach would deal with instances more swiftly.

It is possible for a tribunal or a court to impose forced liquidation.

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