NOTES ON EFFECTIVE PROVISIONS OF COMPANIES ACT 2013


Page 97

POWER OF CENTRAL GOVERNMENT TO MAKE RULES RELATING TO WINDING UP [SECTION 468]

The Central Government shall make rules consistent with the Code of Civil Procedure for all matters relating to the winding up of companies; including all or any of the following matters –

(i) as to the mode of proceedings to be held for winding up of a company by the Tribunal;

(ii) for the voluntary winding up of companies, whether by members or by creditors;

(iii) for the holding of meetings of creditors and members in connection with proceedings under section 230;

(iv) for giving effect to the provisions of this Act as to the reduction of the capital;

(v) generally for all applications to be made to the Tribunal under the provisions of this Act;

(vi) the holding and conducting of meetings to ascertain the wishes of creditors and contributories;

(vii) the settling of lists of contributories and the rectifying of the register of members where required, and collecting and applying the assets;

(viii) the payment, delivery, conveyance, surrender or transfer of money, property, books or papers to the liquidator;

(ix) the making of calls; and

(x) the fixing of a time within which debts and claims shall be proved.

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