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CS Professional · Corporate Restructuring, Valuation and Insolvency · Winding-up by Tribunal under the Companies Act, 2013

Under the provisions on dissolution where the Official Liquidator submits a final report that the company is finally wound up and no reference was made to the Tribunal under section 364(4), to whom is the report submitted and what follows?

The final report goes to the Central Government alone when no reference was made to the Tribunal under section 364(4). The Central Government orders dissolution, after which the Registrar strikes off the company's name from the register and publishes a notification.

  1. ATo the Tribunal alone, which orders dissolution and the Registrar then files the report
  2. BTo the Central Government alone; it orders dissolution and the Registrar strikes off the company's name and publishes a notificationCorrect
  3. CTo the Central Government and the Tribunal jointly, which together must order dissolution
  4. DTo the Registrar, who dissolves the company on his own order

Explanation

Section 365(1)(i) requires the report to go to the Central Government where no reference was made to the Tribunal under section 364(4). On receipt, the Central Government orders dissolution, and the Registrar strikes off the name and publishes a notification under section 365(3). Submission to both applies only where a reference was made.

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