Compulsory Winding Up

Compulsory winding up takes place when a creditor of an insolvent company asks the court for a wind up. If the company goes into liquidation, the court of law appoints a liquidator for the liquidation.

●      The primary objective of the liquidator is to raise as much funds as needed to pay the creditors.

●      The company will then be dissolved and its name will be struck off from the list of companies in the registrar’s office.

●      Any surplus money left will be distributed amongst the shareholders of the company.

●      This legal process ends with the company’s name struck off from the list of companies in the registrar’s office.

●      After the name is struck off, the company ceases to exist anymore.

Winding up involves the following −

●      Every contract of the company, including individual contracts are completed, transferred or ended. The company is no more able to do business.

●      Any outstanding legal disputes are settled.

●      All the assets of the company are sold.

●      Money owed to the company, if any, is collected.

●      Funds raised are distributed to the creditors.

●      Surplus funds left after all the transactions are distributed amongst shareholders.

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