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The company is dissolved after completion of the winding up proceedings. Girdhar Trading Company, 2nd Respondent (Petitioning creditor) filed a petition before the Allahabad High Court for the winding-up of the first respondent company, under Sec. The assets are disposed, the liabilities are paid, and the surplus, if any, is distributed among the shareholders/ members in proportion to their shareholding in the company. The process flow for winding-up (both VWU and Compulsory) in the Companies Act 1965 (CA 1965) is retained in the Companies Act 2016 (CA 2016.) Winding Up (Under Companies Act, 2013 and Insolvency And Bankruptcy Code, 2016) Winding up means a proceeding by which a company is dissolved. Prior to November 15, 2016, the term “winding-up” was neither defined under the Companies Act, 1956 (“1956 Act”) nor under the Companies Act, 2013 (“2013 Act”). Facts M/s. 3 Aug 2019 - Sat / 1 day / 9:30am - 12:30pm / Selangor Bar Committee Auditorium Outline: New threshold of issuing a Notice Pursuant to s 218 (now 465 and 466) of the new Act. The New Companies Act 2016 And The Companies Winding Up Petitions An Introduction. This appeal relates to the question of transfer of winding-up proceeding from the High Court (Company Court) to the NCLT. Winding up of a company is a process in which the company’s existence has brought to an end and its property administered is used to discharge the company’s debts and liabilities. The remaining balance (if any) is distributed to the members according to their entitlement. When a company is served with a Notice pursuant to Section 466 of the Companies Act 2016 (the “Notice”) by a creditor without Judgment, it generally means that there exists a minimum debt of RM10,000.00 that has yet to be settled by the company to the creditor. The winding up of the company is also called the ‘liquidation’ of the company. Section 271(1)(a) of 2013 Companies Act, which dealt with the winding up be Tribunal on account of inability to pay debts has been omitted by Section 255 of The Insolvency and Bankruptcy Code, 2016. The notice has been gazetted confirming that the new threshold for the issuance of the winding up notice is now RM10,000. The Courts have pronounced that winding up proceedings are more simplified and geared for speedy disposal as compared to other litigious matters governed by the Rules of Court 2012. On the dissolution, the company ceases to exist. The process of winding up begins after the Court passes the order for winding up or a resolution is passed for voluntary winding up. Section 472 of the new Companies Act 2016 may make ineffective a sale of property by the company, transfer of shares or alteration of status of the company's shareholders. FLOWCHART FOR WINDING UP FOR COMPANIES ACT 2016. Is a Judgment required prior to the filing of a Companies Winding Up Petition? incorporation to winding-up The AICC was established in 2010 and submitted its Final Report in 2011 Recommendations by the ... (5% of members holding paid up shares or 10% of members, in cases of CLBG.) The Form numbers have been removed and they only refer to the specific section number in the Companies Act 2016. (10) Winding up Notice – New RM10,000 Threshold. In the Indian context, definition of "winding up" was introduced by the Indian Companies Act, 2013 whereby Section 2(94A) was inserted which stated that it means "winding up under this Act or liquidation under the Insolvency And Bankruptcy Code, 2016, as applicable". 433 of the Companies Act, 1956, as it […] The effect of winding-up takes place not from the time the winding-up order is made but when the winding-up petition is presented to the winding-up Court.

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Posted: December 4, 2020

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