The Tribunal has appointed a Company Liquidator to submit a report about the company. What are the contents of this report? A creditor of the company wants to inspect the report submitted by the Company Liquidator and al
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2021
The Tribunal has appointed a Company Liquidator to submit a report about the company. What are the contents of this report? A creditor of the company wants to inspect the report submitted by the Company Liquidator and also to take copies thereof. Discuss the power of the creditor in this regard.
Answer & Explanation:
According to section 281(1) of the Companies Act, 2013, where the Tribunal has made a winding up order or appointed a Company Liquidator, such liquidator shall, within sixty days from the order, submit to the Tribunal, a report containing the following particulars, namely: the nature and details of the assets of the company including their location and value, stating separately the cash balance in hand and in the bank, if any, and the negotiable securities, if any, held by the company: Provided that the valuation of the assets shall be obtained from registered valuers for this purpose; amount of capital issued, subscribed and paid-up; the existing and contingent liabilities of the company including names, addresses and occupations of its creditors, stating separately the amount of secured and unsecured debts, and in the case of secured debts, particulars of the securities given, whether by the company or an officer thereof, their value and the dates on which they were given; the debts due to the company and the names, addresses and occupations of the persons from whom they are due and the amount likely to be realized on account thereof; guarantees, if any, extended by the company; list of contributories and dues, if any, payable by them and details of any unpaid call; details of trademarks and intellectual properties, if any, owned by the company; details of subsisting contracts, joint ventures and collaborations, if any; details of holding and subsidiary companies, if any; details of legal cases filed by or against the company; and any other information which the Tribunal may direct or the Company Liquidator may consider necessary to include. The Company Liquidator shall include in his report the manner in which the company was promoted or formed and whether in his opinion any fraud has been committed by any person in its promotion or formation or by any officer of the company in relation to the company since the formation thereof and any other matters which, in his opinion, it is desirable to bring to the notice of the Tribunal. [Section 281 (2) of the Companies Act, 2013] The Company Liquidator shall also make a report on the viability of the business of the company or the steps which, in his opinion, are necessary for maximizing the value of the assets of the company. [Section 281(3) of the Companies Act, 2013] Any person describing himself in writing to be a creditor or a contributory of the company shall be entitled by himself or by his agent at all reasonable times to inspect the report submitted in accordance with this section and take copies thereof or extracts there from on payment of the prescribed fees. [Section 281(5) of the Companies Act, 2013]
Topics: Companies Act, 2013
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