Rules for liquidating a company


09-Oct-2020 12:21

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A liquidator is appointed as per section 34 and the fee to be paid to him for the proceedings is decided.

The fee for liquidator is part of proceeds from liquidation estate.

The Insolvency and Bankruptcy Code (Amendment) Act, 2019 has been passed, which will be effective from date yet to be notified.

The main objective of amendments is to accelerate insolvency resolution process and ensure timely action under the Insolvency Code.

In certain circumstances, when an insurance company is in financial trouble and there is the possibility that claims will not be paid because the assets may not be sufficient to meet policyholder obligations, the Insurance Department will step in to rehabilitate the company and return it to financial health, or in the direst of circumstances, liquidate an insolvent company for the benefit of policyholder, creditors and taxpayers of Pennsylvania.

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This section is core of company liquidation process as it defines what assets of corporate debtor shall form part of the liquidation estate, how the assets will be distributed by liquidator, and who shall hold the estate as fiduciary for the benefit of all the creditors. There are various sections which help in this process.

It is not necessary to file for bankruptcy to liquidate inventory.

Liquidation can also refer to the act of exiting a securities position.

(Section 53)Once the liquidation process is initiated as per the above-mentioned criteria’s, then the moratorium shall commence.

Following the moratorium, a public announcement shall be made about the corporate debtor being liquidated.

Section 38 defines how to consolidate the claims from financial and operational creditors, section 39 defines how to verify claims, section 40 defines the process of acceptance and rejection of claims and section 42 defines how the applications against the liquidator decision shall be processed.



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