Members Voluntary Winding Up

Dear Members,
We want to wind up a private company by members voulntary wind-up.
The company has Two members and they are also the directors of the company.
The company has immovable property. Is it possible  to directly transfer the property to share holders against amount payable on shares on winding up or the liquidators has to compulsorily sell the property first and pay the shareholders in cash? In case if the property can be directly transfered then whether the stamp duty on such transfer be payable as ultimately the shareholders are the owners of that property just that they owned it through the company? Are there any income tax implications?
 

Thanks And Regards,
Nirav Gala.

Replies (7)

Please find enclosed herewith a useful file for members' volunary winding up.

 

Thanks

 

Dear Friends,

Voluntry Liquidation is one of the area of my practice. Currently I am acting as Liquidator/ Advisor for a few companies under Voluntry Liquidation. In the given case Stamp Duty is payable on transfer and income tax  aspect is also involved.

 

With Regards,

 

Sunil .K.Jain FCS

Practising Company Secretary,

skj13 @ rediffmail.com; 9810104162

 

in case members voluntry winding up which value of assets liquidators can take 1. market value 2. Book Value? can shareholders purchase the propery in the company without any income tax attract in hands  the comapny?

My question to Mr.Sunil .K.Jain FCS,

 

Sir, can you let me know, after filing of all documents for members voluntary winding up but before wound up, can a company can revert back whole process and continue as a normal company . can you let me know the procedure

csrabi @ gmail.com

Sir, Is it mandatory to consult the creditors before conducting the Board Meeting in order to pass a resolution for members voluntary winding up a company? Thanks & regards Sahim Ekbal Laskar

Who all (categories of person) can be appointed as liquidator in members voluntary winding up?

Can a shareholder be appointed as so?

wat ew procedure under companies act 2013

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