Cos 275 — Company Liquidators and their appointments

Companies Act, 2013

Statutory text

(1)  For  the  purposes  of  winding  up  of a company by the Tribunal, the Tribunal at the time of the passing of the order of winding up, shall appoint an  Official  Liquidator  or  a  liquidator  from  the  panel  maintained  under  sub-section  (2)  as  the  Company Liquidator.

[(2) The provisional liquidator or the Company Liquidator, as the case may, shall be appointed by the
Tribunal from amongst the insolvency professionals registered under the Insolvency and Bankruptcy Code,
2016 (31 of 2016);]
(3) Where a provisional liquidator is appointed by the Tribunal, the Tribunal may limit and restrict his powers by the order appointing him or it or by a subsequent order, but otherwise he shall have the same powers as a liquidator.

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(5) The terms and conditions of appointment of a provisional liquidator or Company Liquidator and the fee payable to him or it shall be specified by the Tribunal on the basis of task required to be performed, experience, qualification of such liquidator and size of the company.
(6)  On  appointment  as  provisional  liquidator  or  Company  Liquidator,  as  the  case  may  be,  such liquidator shall file a declaration within seven days from the date of appointment in the prescribed form disclosing conflict of interest or lack of independence in respect of his appointment, if any, with the Tribunal and such obligation shall continue throughout the term of his appointment.
(7)  While  passing  a  winding  up  order,  the  Tribunal  may  appoint  a  provisional  liquidator,  if  any, appointed under clause (c) of sub-section (1) of section 273, as the Company Liquidator for the conduct of the proceedings for the winding up of the company.

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