Voluntary winding up of company
This query is : Resolved
28 January 2015
Sir,
Can you please help me with "special resolution format for voluntary winding up of a company as per the provisions of Companies Act,2013".
Thank you in Advance
Can you please help me with "special resolution format for voluntary winding up of a company as per the provisions of Companies Act,2013".
Thank you in Advance
28 January 2015
DRAFT RESOLUTION
"RESOLVED that, pursuant to section 304 & 310 of the Companies Act, 2013 the company be wound up voluntarily."
"RESOLVED FURTHER that Mr. ….. be and is hereby appointed as a liquidator of the company on a remuneration of __________plus actual out of pocket expenses incurred in connection with the performance of duties and that the said liquidator be and is hereby authorised to exercise all powers & duties as specified under sections 314 & 316 of the Companies Act, 2013
"RESOLVED FURTHER that notwithstanding the appointment of liquidator the Board of Directors of the company be and are hereby authorised to exercise all powers in connection with the liquidation of the
company like filing of statement of affairs with the liquidator, filing of returns with the Registrar of Companies, filling up of vacancy in the office of liquidator and such other matters incidental to the
liquidation of the company."
"RESOLVED that, pursuant to section 304 & 310 of the Companies Act, 2013 the company be wound up voluntarily."
"RESOLVED FURTHER that Mr. ….. be and is hereby appointed as a liquidator of the company on a remuneration of __________plus actual out of pocket expenses incurred in connection with the performance of duties and that the said liquidator be and is hereby authorised to exercise all powers & duties as specified under sections 314 & 316 of the Companies Act, 2013
"RESOLVED FURTHER that notwithstanding the appointment of liquidator the Board of Directors of the company be and are hereby authorised to exercise all powers in connection with the liquidation of the
company like filing of statement of affairs with the liquidator, filing of returns with the Registrar of Companies, filling up of vacancy in the office of liquidator and such other matters incidental to the
liquidation of the company."
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28 January 2015
Thank you sir and can you please let me know if the auditor and the liquidator can be the same person.
28 January 2015
AS PER SECTION 310 - where a resolution of voluntary winding up is passed, Company shall appoint a Company Liquidator from the panel prepared by the Central Government for the purpose of winding up its affairs and distributing the assets of the company and recommend the fee to be paid to the Company Liquidator.
28 January 2015
Sir,
Is the procedure same for a small sized Private Limited Company?
Is the procedure same for a small sized Private Limited Company?
28 January 2015
yes
There is no different procedure for winding up for small company under the companies act 2013
There is no different procedure for winding up for small company under the companies act 2013
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