Amended and updated notes on section 365 of Companies Act 2013. Detail discussion on provisions and rules related to order of dissolution of company.
Chapter XX (Section 270–365) of the Companies Act, 2013 (CA 2013) deals with the provisions related to winding up. Section 365 of CA 2013 provides for order of dissolution of company.
Recently, we have discussed in detail section 364 (Appeal by creditor) of CA 2013. Today, we learn the provisions of section 365 of the Companies Act 2013.
The provisions of section 365 are effective from 15th December, 2016. You may refer Notification No. S.O. 3677(E) issued dated 7-12-2016. In this article, you will learn detail of the provisions of section 365 the Companies Act 2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XX |
| Chapter Name | Winding Up |
| Section No. | 365 |
| Section Name | Order of dissolution of company |
| Monthly Updated Edition | Company Law PDF |
Section 365 of Companies Act 2013: Order of dissolution of company
Section 365 shall come into force on 15th December, 2016 vide Notification No. S.O. 3677(E) dated 07.12.2016.
(1) The Official Liquidator shall, if he is satisfied that the company is finally wound up, submit a final report to—
(i) the Central Government, in case no reference was made to the Tribunal under sub-section (4) of section 364; and
(ii) in any other case, the Central Government and the Tribunal.
(2) The Central Government, or as the case may be, the Tribunal on receipt of such report shall order that the company be dissolved.
(3) Where an order is made under sub-section (2), the Registrar shall strike off the name of the company from the register of companies and publish a notification to this effect.