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What is the process for appointment of liquidator by NCLT in India?

10-Mar-2023
NCLT

Answer By law4u team

The appointment of a liquidator by the National Company Law Tribunal (NCLT) in India typically follows the process outlined below: Filing of application: The process usually begins with the filing of an application for the appointment of a liquidator by the company, its creditors, or any other interested party. Verification of documents: Once the application is filed, the NCLT verifies the documents submitted by the applicant, including the company's financial statements, creditor list, and other relevant documents. Notice to stakeholders: After the documents are verified, the NCLT issues a public notice inviting claims and objections from the stakeholders of the company, including creditors, shareholders, and employees. Submission of claims: The stakeholders are given a specified period of time to submit their claims to the liquidator, stating the amount they are owed by the company. Verification of claims: The liquidator verifies the claims submitted by the stakeholders and prepares a list of creditors, along with the amount due to each creditor. Sale of assets: The liquidator proceeds to sell the assets of the company in order to generate funds to pay off the creditors. Distribution of funds: The funds generated from the sale of assets are distributed to the creditors in accordance with their claims. Final report: Once the liquidation process is complete, the liquidator prepares a final report that includes details of the liquidation process, funds generated, and the distribution of funds to the creditors. Closure of the company: After the final report is submitted, the NCLT orders the closure of the company and removes its name from the register of companies. It is important to note that the appointment of a liquidator by the NCLT can be a complex process, and it is advisable to seek the assistance of a lawyer who specializes in corporate law.

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