XB Limited continuously ran its business in loss. The company has its total outstanding loan including secured loan of ₹ 80 Lakh which as per the latest audited balance sheet has risen to 1 crore. The company want to win
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2023
XB Limited continuously ran its business in loss. The company has its total outstanding loan including secured loan of ₹ 80 Lakh which as per the latest audited balance sheet has risen to 1 crore. The company want to wind up the business without approaching NCLT. Explain which type of companies can wind up their business without approaching NCLT and whether XB Limited can do the same?
Answer & Explanation:
With a view to systemize the procedure of winding up of a Company under the Act, the Ministry of Corporate Affairs ('MCA') vide notification dated 24th January 2020, had notified the Companies (Winding Up) Rules, 2020 ('The Rules'). The Rules are applicable to companies going into "winding up for the circumstances mentioned under section 271" as well as "Summary procedure for liquidation under section 361" of the Companies Act, 2013. It allows the following companies (on the basis of latest audited balance sheet) to wind up their business by making an application to Central Government without approaching NCLT: Companies accepting deposit and having total outstanding deposits Upto ₹25 Lakhs Companies having total outstanding loan including secured loan Upto ₹50 Lakhs Companies having total turnover Upto ₹50 Crore Companies with Paid up share capital Upto ₹1 Crore Above companies are allowed to approach Central Government for summary liquidation only if they have book value of assets upto ₹1 crore. Hence in this case, M/s XB Limited cannot wind up the business without approaching NCLT as the outstanding loan including secured loan exceeds ₹50 Lakh.
Topics: Company Closure
Related Questions in this Topic
- Describe the manner of publication of Public Notice in Form STK-6 inviting objections for striking off the name of the c...
- ABC Ltd. was incorporated in April, 2018. Due to the recession in the market and technical reasons, the Company could no...
- ABC Ltd. was incorporated in April, 2018. Due to the recession in the market and technical reasons, the Company could no...
- In case of application for removal of the name is filed, what are the attachments required to be enclosed with STK 2?
- List out the Companies, which cannot be removed through procedure prescribed under section 248 of the Companies Act, 201...