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Companies Act, 2013 · Chapter XX
Chapter XX — Winding up
Sections 270 to 365. 74 sections are in force and 22 have been omitted . Open any section for its status, related sections and (where available) a plain-English explainer.
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270
Winding up by Tribunal
271
Circumstances in which company may be wound up by Tribunal
272
Petition for winding up
273
Powers of Tribunal
274
Directions for filing statement of affairs
275
Company Liquidators and their appointments
276
Removal and replacement of liquidator
277
Intimation to Company Liquidator, provisional liquidator and Registrar
278
Effect of winding up order
279
Stay of suits, etc., on winding up order
280
Jurisdiction of Tribunal
281
Submission of report by Company Liquidator
282
Directions of Tribunal on report of Company Liquidator
283
Custody of company's properties
284
Promoters, directors, etc., to cooperate with Company Liquidator
285
Settlement of list of contributories and application of assets
286
Obligations of directors and managers
287
Advisory committee
288
Submission of periodical reports to Tribunal
289
Power of Tribunal on application for stay of winding up
Omitted
290
Powers and duties of Company Liquidator
291
Provision for professional assistance to Company Liquidator
292
Exercise and control of Company Liquidator's powers
293
Books to be kept by Company Liquidator
294
Audit of Company Liquidator's accounts
295
Payment of debts by contributory and extent of set-off
296
Power of Tribunal to make calls
297
Adjustment of rights of contributories
298
Power to order costs
299
Power to summon persons suspected of having property of company, etc.
300
Power to order examination of promoters, directors, etc.
301
Arrest of person trying to leave India or abscond
302
Dissolution of company by Tribunal
303
Appeals from orders made before commencement of Act
304
Circumstances in which company may be wound up voluntarily
Omitted
305
Declaration of solvency in case of proposal to wind up voluntarily
Omitted
306
Meeting of creditors
Omitted
307
Publication of resolution to wind up voluntarily
Omitted
308
Commencement of voluntary winding up
Omitted
309
Effect of voluntary winding up
Omitted
310
Appointment of Company Liquidator
Omitted
311
Power to remove and fill vacancy of Company Liquidator
Omitted
312
Notice of appointment of Company Liquidator to be given to Registrar
Omitted
313
Cesser of Board's powers on appointment of Company Liquidator
Omitted
314
Powers and duties of Company Liquidator in voluntary winding up
Omitted
315
Appointment of committees
Omitted
316
Company Liquidator to submit report on progress of winding up
Omitted
317
Report of Company Liquidator to Tribunal for examination of persons
Omitted
318
Final meeting and dissolution of company
Omitted
319
Power of Company Liquidator to accept shares, etc., as consideration for sale of property of company
Omitted
320
Distribution of property of company
Omitted
321
Arrangement when binding on company and creditors
Omitted
322
Power to apply to Tribunal to have questions determined, etc.
Omitted
323
Costs of voluntary winding up
Omitted
324
Debts of all descriptions to be admitted to proof
325
Application of insolvency rules in winding up of insolvent companies
Omitted
326
Overriding preferential payments
327
Preferential payments
328
Fraudulent preference
329
Transfers not in good faith to be void
330
Certain transfers to be void
331
Liabilities and rights of certain persons fraudulently preferred
332
Effect of floating charge
333
Disclaimer of onerous property
334
Transfers, etc., after commencement of winding up to be void
335
Certain attachments, executions, etc., in winding up by Tribunal to be void
336
Offences by officers of companies in liquidation
337
Penalty for frauds by officers
338
Liability where proper accounts not kept
339
Liability for fraudulent conduct of business
340
Power of Tribunal to assess damages against delinquent directors, etc.
341
Liability under sections 339 and 340 to extend to partners or directors in firms or companies
342
Prosecution of delinquent officers and members of company
343
Company Liquidator to exercise certain powers subject to sanction
344
Statement that company is in liquidation
345
Books and papers of company to be evidence
346
Inspection of books and papers by creditors and contributories
347
Disposal of books and papers of company
348
Information as to pending liquidations
349
Official Liquidator to make payments into public account of India
350
Company Liquidator to deposit monies into scheduled bank
351
Liquidator not to deposit monies into private banking account
352
Company Liquidation Dividend and Undistributed Assets Account
353
Liquidator to make returns, etc.
354
Meetings to ascertain wishes of creditors or contributories
355
Court, tribunal or person, etc., before whom affidavit may be sworn
356
Powers of Tribunal to declare dissolution of company void
357
Commencement of winding up by Tribunal
358
Exclusion of certain time in computing period of limitation
359
Appointment of Official Liquidator
360
Powers and functions of Official Liquidator
361
Summary procedure for liquidation
362
Sale of assets and recovery of debts due to company
363
Settlement of claims of creditors by Official Liquidator
364
Appeal by creditor
365
Order of dissolution of company
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Section numbers, headings and omissions: Companies Act, 2013 as consolidated on India Code (amendments to about 2020–21). General information, not legal advice.