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Winding Up of Companies

This document outlines a project to analyze and compare the provisions for winding up companies under the Companies Act of 2013 and the Insolvency and Bankruptcy Code of 2016 in India. It will examine the winding up process, relevant sections of each law, changes introduced by the IBC, and conduct a comparative analysis. Research methods will include descriptive analysis of materials from books, articles, and online sources. The project aims to provide a basic understanding of differences between the two laws regarding winding up insolvent companies. It lists tentative chapter headings covering the introduction, key parts of each law, changes, and conclusions.

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tanishq acharya
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104 views2 pages

Winding Up of Companies

This document outlines a project to analyze and compare the provisions for winding up companies under the Companies Act of 2013 and the Insolvency and Bankruptcy Code of 2016 in India. It will examine the winding up process, relevant sections of each law, changes introduced by the IBC, and conduct a comparative analysis. Research methods will include descriptive analysis of materials from books, articles, and online sources. The project aims to provide a basic understanding of differences between the two laws regarding winding up insolvent companies. It lists tentative chapter headings covering the introduction, key parts of each law, changes, and conclusions.

Uploaded by

tanishq acharya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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ABSTRACT

The topic on which the project work will be carried out is Winding Up of Companies projecting the
problem(s) –
1. Analysing the provisions of winding up under Companies Act, 2013
2. Analysing the provisions of winding up under IBC, 2016.
3. Comparative analysis of the such provisions.

Winding up of the company is the process where by its life is ended and its property is administrated
for the benefits of its creditors and members. An administrator, called a Liquidator is appointed and
he takes the control of the company, collects its assets, pays its debts and finally distributes the
surplus among the members in accordance with their respective rights. At the end of the process of
winding up, the company will have no assets or liabilities, and it will therefore be simply a formal
step for it to be dissolved, that is, for its legal personality as a corporation to be brought to an end.

This project report will look upon the different provisions regarding to the winding up of companies
under the Companies Act, 2013 & IBC, 2016. A descriptive and brief analysis will be done on the
critical basis to find out the points of differences between the provisions of CA, 2013 & IBC, 2016.
The Insolvency & Bankruptcy Code, 2016 consolidate and amend the laws relating to insolvency of
companies, partnership firms, limited liability partnership into a single legislation. It aims to provide
time bound resolution and empowered the creditors to initiate the insolvency resolution process if
default occurs.

Simple methods of research will be employed which includes descriptive, analytical, identificatory &
comparative research and the research data, which are collected from various books & articles on
Winding Up (Company Law & IBC) and also data taken from various articles and reports published
on the internet will be analysed and formulated to have a basic solution to our project problem. Also,
proper citations will be done in avoid to avoid plagiarism.

Tentative Chapterisation –
1. Introduction to Winding Up Process
2. Provisions in Companies Act, 2013
3. Provisions in IBC, 2016
4. Changes Brought by the IBC, 2016
5. Comparative Analysis of CA, 2013 & IBC, 2016
6. Conclusion

Keywords – Insolvent, Tribunal, Dissolution, Liquidation, Liquidator, Audit, Promoters, Set-off,


Preferential Payments, Contributories, Restoration, ROC, etc.

Submitted by – Kartikey Yadav


Bcom llb (Taxation law) Batch 1
SAP ID – 500054879 , ROLL NO - 41

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