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

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