What is Custody of company's properties? Promoters, directors, etc., to cooperate with Company Liquidator. Section 283 and 284 of Indian Companies Act 2013
Custody of company's properties and Promoters, directors, etc., to cooperate with Company Liquidator are defined under Section 283 and 284 of Indian Companies Act 2013. Provisions under these Sections are:
Section 283 of Indian Companies Act 2013 "Custody of company's properties"
(1) Where a winding up order has been made or where a provisional liquidator has been appointed, the Company Liquidator or the provisional liquidator, as the case may be, shall, on the order of the Tribunal, forthwith take into his or its custody or control all the property, effects and actionable claims to which the company is or appears to be entitled to and take such steps and measures, as may be necessary, to protect and preserve the properties of the company.
(2) Notwithstanding anything contained in sub-section (1), all the property and effects of the company shall be deemed to be in the custody of the Tribunal from the date of the order for the winding up of the company.
(3) On an application by the Company Liquidator or
otherwise, the Tribunal may, at any time after the making of
a winding up order, require any contributory for the time
being on the list of contributories, and any trustee,
receiver, banker, agent, officer or other employee of the
company, to pay, deliver, surrender or transfer forthwith,
or within such time as the Tribunal directs, to the Company
Liquidator, any money, property or books and papers in his
custody or under his control to which the company is or
appears to be entitled.
Section 284 of Indian Companies Act 2013 "Promoters, directors, etc., to cooperate with Company Liquidator"
(1) The promoters, directors, officers and employees, who are or have been in employment of the company or acting or associated with the company shall extend full cooperation to the Company Liquidator in discharge of his functions and duties. (2) Where any person, without reasonable cause, fails to discharge his obligations under sub-section (1), he shall be punishable with imprisonment which may extend to six months or with fine which may extend to fifty thousand rupees, or with both.
Submission of report by Company Liquidator? What is
Directions of Tribunal on report of Company Liquidator? Section 281 and 282 of Indian Companies Act 2013
What is Adjustment of rights of contributories? What is power to order costs? What is Power to summon persons suspected of having property of company, etc? Section 297, 298 and 299 of Indian Companies Act 2013