A petition to the National Company Law Tribunal for winding up of a company shall be presented only by the company and not by any contributory.
CS Executive · Company Law · PYQS · December 2020
A petition to the National Company Law Tribunal for winding up of a company shall be presented only by the company and not by any contributory.
Answer & Explanation:
Section 272(1) of the Companies Act, 2013 provides that subject to the provisions of this section, a petition to the Tribunal for the winding up of a company shall be presented by: the company; any contributory or contributories; all or any of the persons specified in clauses (a) and (b); the Registrar; any person authorised by the Central Government in that behalf; or in a case falling under clause (b) of section 271 of the Companies Act, 2013 i.e., if the company has acted against the interests of the sovereignty and integrity of India, by the Central Government or a State Government. In terms of Section 272(2) of the Companies Act, 2013, a contributory is entitled to present a petition for the winding up of a company, notwithstanding that he may be the holder of fully paid-up shares, or that the company may have no assets at all or may have no surplus assets left for distribution among the shareholders after the satisfaction of its liabilities, and shares in respect of which he is a contributory or some of them were either originally allotted to him or have been held by him, and registered in his name, for at least 6 months during the 18 months immediately before the commencement of the winding up or have devolved on him through the death of a former holder. Therefore, a Contributory can also present a petition for winding up of a company to the National Company Law Tribunal (NCLT) in addition to the Company and other parties as mentioned in Section 272(1) of the Companies Act, 2013. The statement is false .
Topics: Winding Up and Dissolution
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