Sundar, a Director of Sun Star Limited has approached with following financial summary of the company as at 31st March, 2023 and requested to clarify his doubts in connection with voluntary liquidation process under the
CS Professional · Insolvency - Law and Practice · PYQS · December 2024
Sundar, a Director of Sun Star Limited has approached with following financial summary of the company as at 31st March, 2023 and requested to clarify his doubts in connection with voluntary liquidation process under the Insolvency and Bankruptcy Code, 2016 (IBC). Liabilities Amount in Crores Assets Amount in Crores Share Capital 2.00 Stocks at current price 1.25 Bank – Term Loan 2.25 Receivables (fully realizable) 0.60 Other Creditors 0.75 Other realizable Current assets 0.65 Cash and Bank Balances 2.50 Sundar, further informed that the Board of Directors of the Company felt that due to rapid changes in technology, their business has become commercially unviable and the Board wants to proceed to voluntarily liquidate the Company. In the light of the above inputs, Sundar has put forward the following questions to you for stating the correct legal position with reference to the provisions of the IBC, 2016, so that he can inform his Board colleagues to take an informed decision: Whether the Company can carry on its business even after the commencement of Voluntary Liquidation?
Answer & Explanation:
As per Regulation 4 of the IBBI (Voluntary Liquidation) Regulations, 2017, the corporate person shall, from the liquidation commencement date, cease to carry on its business except as far as required for the beneficial winding up of its business. Accordingly, the Company shall not carry on business after the commencement of Voluntary Liquidation.
Topics: Voluntary Liquidation
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