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Unit 10: Liquidation of Companies: Preparation of Accounts




               paid up value of equity shares and there is no provision, excess amount paid on any share   notes
               must be paid first and the remaining amount must be distributed among the all types of
               equity shareholders proportionately.
          4.   Interest  on  Debentures  and  Loans:  If  the  company  is  solvent,  interest  on  loans  and
               debentures should be paid up to the date of payment. On the other hand, if the company is
               insolvent, interest on debentures and loans should be paid up to the date of commencement
               of winding up. If the instructions in the examination problem are against this rule, the
               students must do according to the instructions of the question.
          5.   Dividend  on  Preference  Shares:  For  non-cumulative  preference  shares  there  will  be  no
               arrears of dividend. In the absence of specific wording as non cumulative, the preference
               shares must be treated as cumulative. And the dividend on cumulative preference shares
               should be paid up to the date of winding up. Regarding the payment of dividend the
               provisions of Articles of Association must be followed. As a rule, when the dividend is
               declared, that must be treated as debt not as arrear of dividend. But if the dividend is
               not declared and that is in arrear, such arrears of dividend will be paid only after the
               payment of preferential capital and equity shares capital in full and any surplus is left. The
               reason behind this is that the preference shareholders have priority regarding the return
               of capital over the return of equity capital. They also have priority regarding the payment
               of preference dividend over the payment of dividend of equity shareholders. Thus, arrears
               of dividends of preference shares must be paid after the payment of equity capital, in full.
               After the payment of equity capital, if any surplus remains, that must be treated as profit.
               From this profit, first arrears of preferential dividend must be paid before the payment of
               the dividend of equity shareholders.
          6.   Calls-in-Arrear and Calls-in-Advance on Equity Shares: If the funds are available after the
               settlement of all claims of all outsiders and preference shareholders, equity shareholders
               are  paid  off.  And  in  case  a  company  has  partly  paid  up  equity  shares  and  preference
               shares and the available amount is not sufficient to meet the claims of preference in full,
               the company should make the necessary calls on the equity shares to collect a suitable
               amount to the claims of preference shareholders. There are chances that some shareholders
               may fail to pay such calls. In such cases, if the surplus after the settlement of the claims of
               the preference shareholders in full, is not enough to refund of equity shareholders, such
               surplus will be first used to refund the share capital of those shareholders who have paid
               the calls which were recently made, till the paid up capital equals the amount paid up by
               the defaulting equity shareholders. After such refund, if there is still surplus, it will be
               distributed equally among the all equity shareholders, including the defaulters. On the
               other hand, if some equity shareholders have paid some calls in advance, such calls-in-
               advance will be given priority in the refund over the paid up share capital of those calls.
               In case the equity shareholders have paid the different amount on their holdings, at the
               time of distribution of surplus, an effort should be made that each equity shareholder may
               undergo equal loss.

          self assessment

          Fill in the blanks:

          10.   A receiver is appointed by...................................
          11.   The  Statement  of  Receipts  and  Payments  which  is  prepared  by  the  liquidator  is
               called.....................

          12.   A.................................. is prepared to pay the full amount of the shares held by him at the
               time of winding up.






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