Understanding Voluntary Liquidation in India

INTRODUCTION TO THE VOLUNTARY LIQUIDATION Section 59 of the Insolvency and Bankruptcy code states about the voluntary liquidation of corporate person and the voluntary liquidation is in accordance to the rules of Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017. It has been seen that promoters are actively opting for voluntary liquidation … Continue reading Understanding Voluntary Liquidation in India

POSITION OF CREDITORS IN THE CASE OF DEMERGER AND SCOPE OF SECTION 230-232 OF THE COMPANIES ACT WRT TO CREDITORS

UNDERSTANDING THE “UNDERTAKING” As we all know that in the case of Demerger, company transfer’s its undertaking as going concern to the resulting company which can be a new company or existing company. Interestingly, “undertaking” has not been defined under this section but under the explanation to section 180 (1)(a) which says that undertaking means … Continue reading POSITION OF CREDITORS IN THE CASE OF DEMERGER AND SCOPE OF SECTION 230-232 OF THE COMPANIES ACT WRT TO CREDITORS

How Members Can Approach NCLT for the Company’s Mismanagement or oppression

Any member of a company can approaches to the NCLT if member has a ground that the affairs of the company are being conducted in a manner i.e. is prejudicial to the interest of the Company or oppressive to the interest of any member or his interest. Even if the member has a ground that … Continue reading How Members Can Approach NCLT for the Company’s Mismanagement or oppression