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 destroy all the Statutory Registers including the Minutes Book of Board and General Meetings once the liquidation is completed?

Answer & Explanation:

As per Regulation 41 of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017, the liquidator shall preserve a physical or an electronic copy of the reports, registers and books of account referred to in regulations 8 and 10 for at least eight years after the dissolution of the corporate person, either with himself or with an information utility and (b) a physical copy of records for a minimum period of three years; from the date of dissolution of the corporate person, before the Board, the Adjudicating Authority, Appellate Authority or any Court, whichever is later.

Topics: Voluntary Liquidation

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