Cos 271 — Circumstances in which company may be wound up by Tribunal

Companies Act, 2013

Statutory text

[271. Circumstances in which company may be wound up by Tribunal.—A company may, on a petition under section 272, be wound up by the Tribunal,—
(a)  if  the  company  has,  by  special  resolution,  resolved  that  the  company  be  wound  up  by  the
Tribunal;
(b)  if  the  company  has  acted  against  the  interests  of  the  sovereignty  and  integrity  of  India,  the security of the State, friendly relations with foreign States, public order, decency or morality;
(c)  if  on  an  application  made  by  the  Registrar  or  any  other  person  authorised  by  the  Central
Government by notification under this Act, the Tribunal is of the opinion that the affairs of the company have been conducted in a fraudulent manner or the company was formed for fraudulent and unlawful purpose  or  the  persons  concerned  in  the  formation  or management  of  its  affairs have  been  guilty  of fraud,  misfeasance  or  misconduct  in connection  therewith  and  that  it  is  proper  that  the  company  be wound up;
(d) if the company has made a default in filing with the Registrar its financial statements or annual returns for immediately preceding five consecutive financial years; or

(e) if the Tribunal is of the opinion that it is just and equitable that the company should be wound up.]

Back to Cos