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: Based on above financial position, state within how many days, the liquidation process can be completed?
Answer & Explanation:
In the given case, the Company has secured as well as unsecured Creditors. Assuming that the Creditors give approval, the Voluntary liquidation has to be completed within 270 days from the commencement as per amended Regulations. (Regulation 37 of the IBBI (Voluntary Liquidation) Regulations, 2017, dealing with completion of liquidation states that (1) the liquidator shall endeavour to complete the liquidation process of the corporate person and submit the Final Report under regulation 38 within: - (a) two hundred and seventy days from the liquidation commencement date where the creditors have approved the resolution under clause (c) of subsection (3) of section 59 or clause (c) of sub-regulation (1) of regulation 3.)
Topics: Voluntary Liquidation
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