What are the powers and obligations of a Liquidator regarding 'uncalled capital' or 'unpaid capital contribution'?

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2020
What are the powers and obligations of a Liquidator regarding 'uncalled capital' or 'unpaid capital contribution'?

Answer & Explanation:

Regulation 40 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 lays down the provisions relating to the Liquidator's powers and obligations to realize uncalled capital or unpaid capital contribution. According to Regulation 40: The liquidator shall realize any amount due from any contributory to the corporate debtor. Notwithstanding any charge or encumbrance on the uncalled capital of the corporate debtor, the liquidator shall be entitled to call and realize the uncalled capital of the corporate debtor and to collect the arrears, if any, due on calls made prior to the liquidation, by providing a notice to the contributory to make the payments within fifteen days from the receipt of the notice, but shall hold all moneys so realized subject to the rights, if any, of the holder of any such charge or encumbrance. No distribution shall be made to a contributory, unless he makes his contribution to the uncalled or unpaid capital as required in the constitutional documents of the corporate debtor.

Topics: Insolvency and Bankruptcy Code, 2016

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