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Process of Initiation of Liquidation under Section 33 of the IBC Code, 2016

Jeevan  Toprani
Jeevan Toprani
  • Apr 21, 2023
  • 8 min to read
Process of Initiation of Liquidation under Section 33 of the IBC Code, 2016 Toprani

The Insolvency and Bankruptcy Code, 2016 (IBC) is a comprehensive piece of legislation enacted by the Government of India to facilitate the resolution of insolvency and bankruptcy related issues. Section 33 of the IBC Code provides for the initiation of liquidation of a company. This section outlines the process of initiation of liquidation and the provisions under which a company can be liquidated. Liquidation is the winding up of a companys affairs and the termination of its legal existence. It is an inevitable step in a companys life-cycle and is usually resorted to when the company is unable to pay its debts or when there are no other viable options available. The liquidation process usually involves collecting the assets of the company, paying off creditors, distributing any remaining assets to shareholders, and dissolving the company. Under Section 33 of the IBC Code, a company can be liquidated on the basis of an application made to the National Company Law Tribunal (NCLT) by the company, its creditors, or the Central Government. The application must be accompanied by a statement of affairs of the company, including a list of assets and liabilities, details of the companys financial position, and details of any pending legal proceedings. Once the NCLT is satisfied that the application meets the requirements under Section 33, it will issue an order appointing a liquidator to take charge of the companys assets and liabilities. The liquidator is responsible for carrying out the liquidation process in a timely and efficient manner. The liquidator is required to prepare a statement of the companys assets and liabilities, and the value of the assets. He is also required to prepare a list of creditors and the amount due to each. The liquidator is further required to call a meeting of the creditors and shareholders to discuss the proposed liquidation scheme. The scheme must be approved by the NCLT before it can be implemented. Once the scheme is approved, the liquidator is required to take charge of the assets and liabilities of the company and to commence the process of liquidation. This includes collecting the assets of the company, paying off creditors, and distributing any remaining assets to shareholders. The liquidator is also required to file a report to the NCLT at the end of the liquidation process, containing details of the assets and liabilities of the company, the amounts realized and distributed among the creditors, and any other relevant information. Once the liquidator has completed the liquidation process, the NCLT will issue an order declaring the company to be dissolved and its name to be struck off the register of companies. The companys legal existence is then terminated and it is no longer liable to pay its creditors. The initiation of liquidation under Section 33 of the IBC Code is a complex process that involves several steps. It is important for the applicants to ensure that all the required documents are submitted to the NCLT and that the liquidation process is conducted in a timely and efficient manner. The successful completion of the liquidation process will ensure that the companys debt is discharged and its assets are distributed in accordance with the law.

Jeevan  Toprani
Jeevan Toprani

Business savvy, management and legal expert with twenty one plus years of legal risk management for businesses and leading complex change initiatives for Fortune 500 companies in diverse industries implementing legal business processes with Cyber and IOT transactions, Big Data and Embedded framework for enforcement. Assisting on all aspects of the commercialization and protection of IP rights; Front end work including patents, trademarks, designs, copyright, commercial contracts, licensing.

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February 14, 2019

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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