Elaborate the circumstances in which a liquidator can be removed by the Tribunal.

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2022
Elaborate the circumstances in which a liquidator can be removed by the Tribunal.

Answer & Explanation:

Section 276 of the Companies Act, 2013 lays down that in case where the reasonable cause being shown and for reasons to be recorded in writing, the tribunal may remove the provisional liquidator or the Company liquidator, on any of the following grounds: Misconduct Fraud or misfeasance Professional incompetence or failure to exercise due care and diligence in performance of the powers and functions Inability to act as provisional liquidator or as the case may be, Company liquidator Conflict of interest or lack of independence during the term of his appointment that would justify removal Further, in the event of death, resignation or removal of the liquidator the tribunal may transfer the work assigned to him or it to another Company liquidator for reasons to be recorded in writing.

Topics: Liquidation

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