Section 370 The Companies Act, 2013

Section 370 The Companies Act, 2013

Continuation of Pending Legal Proceedings All suits and other legal proceedings taken by or against the company, or any public officer or member thereof, which are pending at the time of the registration of a company in pursuance of this Part, may be continued in the same manner as if the registration had not taken place: * Provided that execution shall not […]

Section 369 The Companies Act, 2013

Section 369 The Companies Act, 2013

Saving of Existing Liabilities The registration of a company in pursuance of this Part shall not affect its rights or liabilities in respect of any debt or obligation incurred, or any contract entered into, by, to, with, or on behalf of, the company before registration.  

Section 368 The Companies Act, 2013

Section 368 The Companies Act, 2013

Vesting of Property on Registration All property, movable and immovable (including actionable claims), belonging to or vested in a company at the date of its registration in pursuance of this Part, shall, on such registration, pass to and vest in the company as incorporated under this Act for all the estate and interest of the company therein.  

Section 367 The Companies Act, 2013

Section 367 The Companies Act, 2013

Certificate of Registration of Existing Companies On compliance with the requirements of this Chapter with respect to registration, and on payment of such fees, if any, as are payable under section 403, the Registrar shall certify under his hand that the company applying for registration is incorporated as a company under this Act, and in the case of a limited company that it is

Section 366 The Companies Act, 2013

Section 366 The Companies Act, 2013

Companies Capable of Being Registered (1) For the purposes of this Part, the word “company” includes any partnership firm, limited liability partnership, cooperative society, society or any other business entity formed under any other law for the time being in force which applies for registration under this Part. (2) With the exceptions and subject to

Section 365 The Companies Act, 2013

Section 365 The Companies Act, 2013

Order of Dissolution of Company (1) The Official Liquidator shall, if he is satisfied that the company is finally wound up, submit a final report to— (i) the Central Government, in case no reference was made to the Tribunal under sub-section (4) of section 364; and (ii) in any other case, the Central Government and the Tribunal. (2) The Central Government, or as the case may

Section 364 The Companies Act, 2013

Section 364 The Companies Act, 2013

Appeal by Creditor (1) Any creditor aggrieved by the decision of the Official Liquidator under section 363 may file an appeal before the Central Government within thirty days of such decision. (2) The Central Government may after calling the report from the Official Liquidator either dismiss the appeal or modify the decision of the Official Liquidator. (3) The Official Liquidator shall make payment to the creditors whose claims

Section 363 The Companies Act, 2013

Section 363 The Companies Act, 2013

Settlement of Claims of Creditors by Official Liquidator (1) The Official Liquidator within thirty days of his appointment shall call upon the creditors of the company to prove their claims in such manner as may be prescribed, within thirty days of the receipt of such call. (2) The Official Liquidator shall prepare a list of claims of creditors in such manner

Section 361 The Companies Act, 2013

Section 361 The Companies Act, 2013

Summary Procedure for Liquidation (1) Where the company to be wound up under this Chapter, — (i) has assets of book value not exceeding one crore rupees; and (ii) belongs to such class or classes of companies as may be prescribed, the Central Government may order it to be wound up by summary procedure provided under this Part. (2)

Section 360 The Companies Act, 2013

Section 360 The Companies Act, 2013

Powers and Functions of Official Liquidator. (1) The Official Liquidator shall exercise such powers and perform such duties as the Central Government may prescribe. (2) Without prejudice to the provisions of sub-section (1), the Official Liquidator may— (a) exercise all or any of the powers as may be exercised by a Company Liquidator under the provisions of this Act; and (b)