What is appointment of Company Liquidator? What is Power to remove and fill vacancy of Company Liquidator? Section 310 and 311 of Indian Companies Act 2013
Appointment of Company Liquidator and Power to remove and fill vacancy of Company Liquidator are defined under Section 310 and 311 of Indian Companies Act 2013. Provisions under these Sections are:
Section 310 of Indian Companies Act 2013 "Appointment of Company Liquidator"
(1) The company in its general meeting, where a resolution of voluntary winding up is passed, shall appoint a Company Liquidator from the panel prepared by the Central Government for the purpose of winding up its affairs and distributing the assets of the company and recommend the fee to be paid to the Company Liquidator.
(2) Where the creditors have passed a resolution for winding up the company under sub-section (3) of section 306, the appointment of the Company Liquidator under this section shall be effective only after it is approved by the majority of creditors in value of the company:
Provided that where such creditors do not approve the appointment of such Company Liquidator, creditors shall appoint another Company Liquidator.
(3) The creditors while approving the appointment of Company
Liquidator appointed by the company or appointing the
Company Liquidator of their own choice, as the case may be,
pass suitable resolution with regard to the fee of the
(4) On appointment as Company Liquidator, such liquidator shall file a declaration in the prescribed form within seven days of the date of appointment disclosing conflict of interest or lack of independence in respect of his appointment, if any, with the company and the creditors and such obligation shall continue throughout the term of his or its appointment.
Section 311 of Indian Companies Act 2013 "Power to remove and fill vacancy of Company Liquidator"
(1) A Company Liquidator appointed under section 310 may be removed by the company where his appointment has been made by the company and, by the creditors, where the appointment is approved or made by such creditors.
(2) Where a Company Liquidator is sought to be removed under this section, he shall be given a notice in writing stating the grounds of removal from his office by the company or the creditors, as the case may be.
(3) Where three-fourth members of the company or three-fourth of creditors in value, as the case may be, after consideration of the reply, if any, filed by the Company Liquidator, in their meeting decide to remove the Company Liquidator, he shall vacate his office.
(4) If a vacancy occurs by death, resignation, removal or otherwise in the office of any Company Liquidator appointed under section 310, the company or the creditors, as the case may be, fill the vacancy in the manner specified in that section.
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