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Unit 10: Liquidation of Companies: Preparation of Accounts




                                                                                                notes


             Notes   While  preparing  Liquidator’s  Final  Statement  of  Account  some  special  points
             should be kept in mind which are as follows:
             Realisation of amount by a Liquidator: At the time of winding up, the Liquidator of the
             company realises the amount due from the debtors, the sale of the assets of the company,
             surplus from fully secured creditors, and makes calls on the contributories and realise the
             amount from them.
             Disbursement of the amount realised among various claimants: The Liquidator has to
             disburse the amount in a prescribed order of payment. This is as follows:

             1.   Payment to fully secured creditors.
             2.   Payment of legal expenses cost of winding up.
             3.   Remuneration of the Liquidator.
             4.   Expenses of Liquidator.

             5.   Payment  to  debenture-holders  or  creditors  secured  by  the  floating  charge  as  the
                  assets of the company.
             6.   Payment to unsecured creditors including the preferential creditors.
             7.   Payment of preferential shareholders including arrears of dividend.

             8.   Payment of equity shareholders (the remaining amount.)


          self assessment


          State whether the following statements are true or false:
          7.   Preference shareholders have the priority over equity capital for their capital as well as the
               arrears of dividend at the time of winding up of the company.

          8.   All  the  voluntary  transfers  made  by  the  company  within  one  year  before  the  date  of
               winding up are void as against the liquidators.
          9.   In assets realised, cash and bank balance is always included for the purpose of liquidator’s
               commission.

          10.4  liquidator’s remuneration

          The Liquidator receives his remuneration in the form of commission which is usually based as a
          percentage on assets realised and payment made to unsecured creditors. At the time of calculating
          the remuneration of the liquidator, students should keep in mind the following points:
          1.   Remuneration on Assets Realised: At the time of calculation of Liquidator’s remuneration
               on  assets  realised,  generally  cash-in-hand  and  cash  at  bank  are  not  considered,  unless
               the examination problem provides for it directly or indirectly. Only surplus from fully
               secured creditors is mostly included in the amount of assets realised for the calculation of
               Liquidator’s remuneration. Regarding this, it is assumed that secured creditors themselves
               realise  the  assets  held  by  them  as  security.  The  Liquidator  has  only  made  an  effort  at
               realising the surplus from secured creditors. Therefore, it is suggested that the only surplus
               should be included in the amount of assets realised.






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