Law4u - Made in India

What Powers Does The Liquidator Have?

Answer By law4u team

The liquidator plays a pivotal role in ensuring that the liquidation process is carried out lawfully, efficiently, and fairly. To fulfill this responsibility, the Insolvency and Bankruptcy Code (IBC), 2016 grants the liquidator several powers under Section 35, empowering them to manage, protect, and realize the value of the corporate debtor’s assets. These powers enable the liquidator to act as a quasi-judicial authority in some aspects, especially when dealing with company records, legal proceedings, and recovery of assets.

Key Powers of the Liquidator (Under Section 35 of IBC)

Custody and Control of Assets

The liquidator has the right to take full custody and control of all the assets, properties, and actionable claims of the corporate debtor.

Verification and Settlement of Claims

The liquidator can admit or reject creditor claims after due verification, based on the documents and evidence provided.

Access to Company Records

The liquidator can access books of accounts, registers, minutes, documents, and electronic records from the corporate debtor, auditors, or former officers.

Sale of Assets

The liquidator is empowered to sell the corporate debtor’s assets via auction or private sale to maximize returns for creditors.

Institution or Defense of Legal Proceedings

The liquidator can initiate or defend any legal actions on behalf of the corporate debtor, including recovery of dues and property.

Investigation of Transactions

The liquidator has authority to scrutinize past transactions to identify and report preferential, undervalued, fraudulent, or extortionate credit transactions for reversal through NCLT.

Examine Promoters and Directors

If required, the liquidator can summon and examine the promoters, directors, or key personnel of the company under oath.

Disclaim Onerous Property

The liquidator can disclaim assets or contracts that are burdensome or not commercially viable, subject to approval.

Distribution of Proceeds

After realizing the assets, the liquidator distributes proceeds in accordance with the order of priority laid out in Section 53 of the IBC.

Maintain Reports and Registers

The liquidator must maintain proper books, asset sale records, and progress reports for submission to the NCLT.

Legal Framework Supporting Liquidator’s Powers

  • Section 35, IBC – Enumerates powers and duties of the liquidator
  • IBBI (Liquidation Process) Regulations, 2016 – Provides detailed operational framework
  • NCLT Supervision – All critical decisions are subject to approval by the Adjudicating Authority

Example

During the liquidation of ABC Pvt. Ltd., the liquidator finds that certain machinery was sold at a very low price to a related party six months before the insolvency began.

Steps and Outcome:

  • The liquidator investigates the transaction and classifies it as undervalued and preferential.
  • A petition is filed before NCLT to reverse the sale and recover the asset or its value.
  • Meanwhile, the liquidator takes control of the company’s premises and inventories.
  • Assets are auctioned, claims verified, and proceeds are distributed to creditors according to Section 53.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mohammad Irfan Rayeen

Advocate Mohammad Irfan Rayeen

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Akhilesh Tiwari

Advocate Akhilesh Tiwari

Armed Forces Tribunal, Banking & Finance, Breach of Contract, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, RERA, Startup, Anticipatory Bail

Get Advice
Advocate Krithikaa

Advocate Krithikaa

Anticipatory Bail,Bankruptcy & Insolvency,Cheque Bounce,Civil,Consumer Court,Criminal,Divorce,Documentation,Domestic Violence,High Court,Labour & Service,Landlord & Tenant,Medical Negligence,Muslim Law,NCLT,Property,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Nimsha Khursheed

Advocate Nimsha Khursheed

Anticipatory Bail, Criminal, Divorce, Domestic Violence, Muslim Law, Family, High Court, Court Marriage, Cyber Crime, Child Custody, Civil

Get Advice
Advocate Numair Aidroos

Advocate Numair Aidroos

Breach of Contract, Criminal, High Court, Medical Negligence, NCLT, Patent, Startup, Trademark & Copyright, Revenue

Get Advice
Advocate Adarsh Varma

Advocate Adarsh Varma

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Immigration,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,Recovery,RERA,Startup,Tax,Trademark & Copyright,Revenue,Court Marriage,Documentation,GST,International Law,R.T.I,Succession Certificate,Supreme Court,Wills Trusts,

Get Advice
Advocate Piyush Singh

Advocate Piyush Singh

Revenue, Wills Trusts, Trademark & Copyright, Supreme Court, Civil, Cyber Crime, Divorce, Family, High Court, Immigration, Insurance, Media and Entertainment, Patent, Property, Startup, RERA, Recovery, Criminal

Get Advice
Advocate Ajay K Arora

Advocate Ajay K Arora

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Property, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Insurance

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.