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Accounting for Companies – II




                    notes


                                      Notes   As  there  is  a  legal  preference  of  the  receiver  for  costs  and  remuneration  and
                                     preferential creditors over the payment of debenture-holders, they are paid off first.

                                                          liquidator’s final statement of account
                                      receipts                     `            payments                   `
                                   Surplus from Receiver        23,250       Liquidator’s Remuneration    625
                                   Sundry Assets Realised       72,500       Liquidator’s costs          1,500
                                                                             Unsecured Creditors:
                                                                             Trade Creditors                    10,000
                                                                             Bank Overdraft                     12,500   22,500
                                                                             Return to Contributories:
                                                                             Preference Capital         50,000
                                                                             750 Equity shareholders @ ` 28.17
                                                                             per share approximately    21,125
                                                                95,750                                  95,750

                                   10.5  list B contributories

                                   The shareholders who transferred partly paid shares (otherwise than by operation of law or by
                                   death) within one year, prior to the date of winding up may be called upon to pay an amount (not
                                   exceeding the amount not called up when the shares were transferred) to pay off such creditors
                                   as existed on the date of transfer of shares.
                                   Their liability will crystallise only
                                   (i)   When  the  existing  assets  available  with  the  liquidator  are  not  sufficient  to  cover  the
                                       liabilities;

                                   (ii)   When the existing shareholders fail to pay the amount due on the shares to the liquidator.
                                   List B Contributories are following:
                                   l z  On the appointment of Liquidator, director’s position will stand automatically vacated and
                                       the shareholders will be referred to as contributories.

                                   l z  Shareholders who have transferred that partly paid shares within one year earlier to date
                                       of winding up will be placed in “B” List. Such contributories will be referred to as “B” List
                                       of contributories.

                                   l z  Liquidator is expected to dispose the assets off to pay off liabilities. In case the disposal of
                                       assets was not sufficient to discharge the liabilities, then the liquidator can claim from “A”
                                       List of contributories towards their unpaid capital towards the company.

                                   l z  If “A” List of contributories are not meeting the liabilities, then liquidator can fall upon “B”
                                       List of contributories to recover money towards unpaid portion of the capital.
                                   l z  The liquidator can fall upon only against transfer of partly paid shares effected during
                                       within one year earlier to the date of winding up and transmission of shares will not come
                                       under this purview.
                                   l z  If there were to be more than one such contributories, then the liability will be fixed against
                                       that many contributories in the ratio in which they are expected to contribute towards the
                                       capital.



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