Page 238 - DCOM106_COMPANY_LAW
P. 238

Unit 14: Winding Up of Companies




          Members’ Voluntary Winding up: Members’ Voluntary winding up is possible only when the  Notes
          company is solvent and is able to pay its liabilities in full.
          Voluntary Winding up: Winding up by the creditors or members without any intervention of
          the court is called ‘voluntary winding up’.
          Winding up: Winding up of a company is the process whereby its life is ended and its property
          administered for the benefit of its creditors and members.

          14.10 Review Questions

          1.   What is winding up?
          2.   Define the term ‘contributory.’ Discuss the liability of members of a company in the event
               of its being wound up.
          3.   State the liabilities of contributories as present and past members.
          4.   Discuss the circumstances in which a company may be wound up by the court.

          5.   Explain the circumstances in which a company may be wound up by the court on the
               ground that the company is unable to pay its debts.
          6.   What are the circumstances in which a company may be wound up on the ground that it is
               just and equitable to wind it up?
          7.   State the ground on which the registrar may present a petition for winding up of a company.
          8.   What is the effect of a winding up order passed by the court?

          9.   Explain the procedure to wind up a company voluntarily.
          10.  What are the powers of the court to order winding up subject to its supervision? What are
               the consequences of such an order?

          Answers: Self  Assessment

          1.   Winding up                       2.   ‘liquidation’

          3.   within a year                    4.   debts
          5.   Wages                            6.   (b)
          7.   (c)                              8.   (d)
          9.   (c)                              10.  (d)

          11.  (c)                              12.  True
          13.  False                            14.  False
          15.  True                             16.  False

















                                           LOVELY PROFESSIONAL UNIVERSITY                                   233
   233   234   235   236   237   238   239   240