Amended and updated notes on section 226 of Companies Act 2013. Detail discussion on provisions and rules related to voluntary winding up of company, etc., not to stop investigation proceedings.
Chapter XIV (Sections 206–229) of the Companies Act, 2013 (CA 2013) deals with the provisions related to Inspection, Inquiry and Investigation. Section 226 of CA 2013 provides for voluntary winding up of company, etc., not to stop investigation proceedings.
Recently, we have discussed in detail section 225 (Expenses of investigation) of CA 2013. Today, we learn the provisions of section 226 of Companies Act 2013.
The provisions of section 226 are effective from 15-Dec-2016. You may refer Notification No. S.O. 902(E) issued dated 07-12-2016. In this article, you will learn detail of the provisions of section 226 of 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. | XIV |
| Chapter Name | Inspection, Inquiry and Investigation |
| Section No. | 226 |
| Section Name | Voluntary winding up of company, etc., not to stop investigation proceedings |
| Monthly Updated Edition | Company Law PDF |
Section 226 of Companies Act 2013: Voluntary winding up of company, etc., not to stop investigation proceedings
Section 226 shall come into force on 15th December, 2016 vide Notification No. S.O. 3677(E) dated 07.12.2016.
An investigation under this Chapter may be initiated notwithstanding, and no such investigation shall be stopped or suspended by reason only of, the fact that—
- (a) an application has been made under section 241;
- (b) the company has passed a special resolution for voluntary winding up; or
- (c) any other proceeding for the winding up of the company is pending before the Tribunal:
Provided that where a winding up order is passed by the Tribunal in a proceeding referred to in clause (c), the inspector shall inform the Tribunal about the pendency of the investigation proceedings before him and the Tribunal shall pass such order as it may deem fit:
Provided further that nothing in the winding up order shall absolve any director or other employee of the company from participating in the proceedings before the inspector or any liability as a result of the finding by the inspector.