Voluntary winding up

When the winding-up of a company is done by the members of the company without the interference of the court it is said to be a voluntary winding up. It is further divided into two types: (a) Member’s voluntary winding up (b) Creditor’s voluntary winding up.

Compulsory winding up

When the winding-up of a company is done by an order of the court it is called compulsory winding up. There may be various reasons for this such as:

  1. Default in holding a statutory meeting.
  2. Reduction in membership.
  3. Inability to pay debts.
  4. Deadlock.
  5. Oppression of minority.
  6. Losses.

These points are mentioned under section 433 of the companies act.

Winding up of a company by an order of the tribunal

This type of winding up is accompanied by the supervision of the court. It occurs when the voluntary winding up of the company has already commenced. It is a voluntary winding up but under the supervision of the court. The court has the power to appoint or remove any liquidator, it may also enforce calls made by him. It also supervises the procedure in which the members take a resolution of winding up of the company in the general meeting.

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