Cos 348 — Information as to pending liquidations

Companies Act, 2013

Statutory text

[(1) If the winding up of a company is not concluded within  one  year  after  its  commencement,  the  Company  Liquidator  shall,  unless  he  is  exempted  from  so doing, either wholly or in part by the Central Government, within two months of the expiry of such year and thereafter until the winding up is concluded, at intervals of not more than one year or at such shorter intervals, if any, as may be prescribed, file a statement in such form containing such particulars as may be prescribed,  duly  audited,  by  a  person  qualified  to  act  as  auditor  of  the  company,  with  respect  to  the proceedings in, and position of, the liquidation, with the Tribunal:
Provided that no such audit as is referred to in this sub-section shall be necessary where the provisions of section 294 apply.]
(2)  When  the  statement  is  filed  with  the  Tribunal  under  clause  (a)  of  sub-section  (1),  a  copy  shall simultaneously  be  filed  with  the  Registrar  and  shall  be  kept  by  him  along  with  the  other  records  of  the company.
(3) Where a statement referred to in sub-section (1) relates to a Government company in liquidation, the Company Liquidator shall forward a copy thereof—
(a) to the Central Government, if that Government is a member of the Government company;
(b) to any State Government, if that Government is a member of the Government company; or

(c) to the Central Government and any State Government, if both the Governments are members of the Government company.
(4)  Any  person  stating  himself  in  writing  to  be  a  creditor  or  contributory  of  the  company  shall  be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement referred to in sub-section (1), and to receive a copy thereof or an extract there from.
(5) Any person fraudulently stating himself to be a creditor or contributory under sub-section (4) shall be deemed to be guilty of an offence under section 182 of the Indian Penal Code (45 of 1860), and shall, on the application of the Company Liquidator, be punishable accordingly.

[(6) Where a Company Liquidator, who is an insolvency professional registered under the Insolvency and Bankrupt Code, 2016 (31 of 2016) is in default in complying with the provisions of this section, then such default shall be deemed to be a contravention of the provisions of the said Code, and the rules and regulations made thereunder for the purpose of proceedings under chapter VI of Part IV of that Code.]

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