Who will bear Expenses of investigation? Voluntary winding up of company, etc, not to stop investigation proceedings. Section 225 and 226 of Indian Companies Act 2013
Expenses of investigation and Voluntary winding up of company, etc, not to stop investigation proceedings are defined under Section 225 and 226 of Indian Companies Act 2013. Provisions under these Sections are:
Section 225 of Indian Companies Act 2013 "Expenses of investigation"
(1) The expenses of, and incidental to, an investigation by an inspector appointed by the Central Government under this Chapter other than expenses of inspection under section 214 shall be defrayed in the first instance by the Central Government, but shall be reimbursed by the following persons to the extent mentioned below, namely: -
(a) any person who is convicted on a prosecution instituted, or who is ordered to pay damages or restore any property in proceedings brought, under section 224, to the extent that he may in the same proceedings be ordered to pay the said expenses as may be specified by the court convicting such person, or ordering him to pay such damages or restore such property, as the case may be;
(b) any company or body corporate in whose name proceedings are brought as aforesaid, to the extent of the amount or value of any sums or property recovered by it as a result of such proceedings;
(c) unless, as a result of the investigation, a prosecution
is instituted under section 224, -
(i) any company, body corporate, managing director or manager dealt with by the report of the inspector; and
(ii) the applicants for the investigation, where the inspector was appointed under section 213, to such extent as the Central Government may direct.
(2) Any amount for which a company or body corporate is liable under clause (b) of sub-section (1) shall be a first charge on the sums or property mentioned in that clause.
Section 226 of Indian Companies Act 2013 "Voluntary winding up of company, etc, not to stop investigation proceedings"
An investigation under this Chapter may be initiated notwithstanding, and no such investigation shall be stopped or suspended by reason only of, the fact that -
(a) an application has been made under section 241;
(b) the company has passed a special resolution for
voluntary winding up;
(c) any other proceeding for the winding up of the company is pending before the Tribunal:
Provided that where a winding up order is passed by the Tribunal in a proceeding referred to in clause (c), the inspector shall inform the Tribunal about the pendency of the investigation proceedings before him and the Tribunal shall pass such order as it may deem fit:
Provided further that nothing in the winding up order shall absolve any director or other employee of the company from participating in the proceedings before the inspector or any liability as a result of the finding by the inspector.
Freezing of assets of company on inquiry and investigation?
What is Imposition of restrictions upon securities? Section 221 and 222 of Indian Companies Act 2013
What is penalty for furnishing false statement, mutilation, destruction of documents? What is power to compromise or make arrangements with creditors and members? Section 229 and 230 of Indian Companies Act 2013
What is Registration of offer of schemes involving transfer of shares? Preservation of books and papers of amalgamated companies, What is the Liability of officers in respect of offences committed prior to merger, amalgamation, etc? Section 238, 239 and 240 of Indian Companies Act 2013