Last Chance: Get 10% OFF on CAclubindia Pro Subscriptions. Subscribe Now!

Winding up of company

653 views 2 replies

Rabindra Kumar Swain

25 Points Posted on 29 August 2011

Dear All,

ours is a unlisted public company which wants to go into members voluntary winding up.

Can any one please tell

"whether Form No. 57 of Companies (Court) Rules, (For Submission of accounts by Company) and Form No. 58 (for Affidavit verifying the Accounts) are required under members voluntary winding up?"

Regards,

Rabindra.

Replies (2)

SUNIL KUMAR JAIN

PRACTISING COMPANY SECRETARY

187 Points Posted on 29 August 2011

Dear Mr. Rabindra,

Voluntary Liquidation of Companies is one of the area of my practise.

Form-57 & Form-58 are required to be signed by one of the directors and submitted to the Voluntay Liquidator.These forms are not required to be filed with any authority i.e these forms are for reference of the Voluntary Liquidator and are not required to be filed with ROC or Official Liquitator.

Regards,

Sunil K jain

Practising Company Secretary

9810104162; skj13 @ rediffmail.com

Rabindra Kumar Swain

25 Points Posted on 30 August 2011

Dear Sir,

Thanks for your reply.

I have one more query as metioned below:

"The resolution for winding-up of the company will be put before AGM for members approval. Since the Company will be wound up, is it required to include the Auditors re-appointment item in the AGM notice."

Further more can you please provide a specimen of Form no. 57 and Form 58.

Thanks once again for your timely advice and support.

Regards,

Rabindra.

+91-9543323331; rabindrababu2 @ gmail.com