Referring to the provisions of the Companies Act, 2013, examine whether a member of the company ceases to be the member thereof in the following situations: (ii) A member whose company has gone in winding-up and the wind
CS Professional · Advanced Company Law and Practice · PYQS · December 2016
Referring to the provisions of the Companies Act, 2013, examine whether a member of the company ceases to be the member thereof in the following situations: (ii) A member whose company has gone in winding-up and the winding-up proceedings have commenced. Give reasons in support of your answer.
Answer & Explanation:
(ii) A member does not cease to be a member merely because winding up of the company has commenced. He continues to be a member of the company so long as the requirements of Section 2(55) of the Companies Act, 2013, read with Section 88, are complied with. [National Steel & General Mills v. Official Liquidator, (1990) 69 Com Cases 416(Del)].
Topics: Membership
Related Questions in this Topic
- Referring to the provisions of the Companies Act, 2013, examine whether a member of the company ceases to be the member ...
- The promoters of a public limited company want to insert a clause in the articles of association of the company giving p...
- SKD an employee of Moreh Ltd. met with an accident and died. The accident occurred when SKD was on Company's duty. He he...
- Mr. M, a member, appointed Mr. P as his proxy for the annual general meeting of a company in the form as set out in Form...
- The directors of XYZ Limited are responsible for calling a general meeting and having failed to call such a meeting and ...