Law4u - Made in India

What Is The Role Of The Liquidator?

Answer By law4u team

The liquidator plays a crucial role in the liquidation process under the Insolvency and Bankruptcy Code (IBC). Appointed after the commencement of liquidation, the liquidator is responsible for managing and winding up the affairs of the corporate debtor, ensuring fair and transparent realization and distribution of assets to repay creditors as per the legal framework.

Role and Responsibilities of the Liquidator

Taking Custody of Assets:

On appointment, the liquidator takes possession and control of the corporate debtor’s assets and books of accounts.

Public Announcement and Claims Invitation:

The liquidator publicly announces the commencement of liquidation, inviting claims from creditors, employees, and other stakeholders.

Verification of Claims:

Receives and verifies the claims submitted by creditors and stakeholders, preparing a list of admitted claims for distribution.

Asset Management and Realization:

Manages the corporate debtor’s assets to prevent loss or damage. The liquidator sells assets through public auction, tender, or private sale, aiming to maximize value.

Distribution of Proceeds:

Distributes the realized proceeds among creditors in the order of priority prescribed under the IBC — secured creditors, operational creditors, government dues, and unsecured creditors.

Maintaining Records and Reporting:

Maintains detailed records of assets, claims, sales, and distributions. Provides regular reports to the National Company Law Tribunal (NCLT) and the Committee of Creditors (CoC).

Legal Compliance:

Ensures that all liquidation activities comply with the provisions of the IBC, related laws, and NCLT orders.

Handling Litigation:

Represents the corporate debtor in any legal proceedings related to the liquidation, including avoiding transactions that unfairly diminish the liquidation estate.

Termination of Liquidation:

After distributing all assets, the liquidator files an application with the NCLT for the dissolution of the corporate debtor.

Important Points to Note:

  • The liquidator acts as a fiduciary, protecting the interests of all creditors.
  • Must act impartially and transparently.
  • Has powers to investigate the company’s affairs and transactions before liquidation.
  • Ensures the moratorium imposed during liquidation is enforced.

Example:

A company undergoing liquidation appoints Mr. Sharma as the liquidator. Mr. Sharma first takes control of the company’s assets and publicly announces the liquidation. He invites all creditors to submit their claims and verifies them. He then organizes the sale of machinery and property through auction. The proceeds from sales are distributed fairly among secured and unsecured creditors following the IBC priority. Throughout the process, Mr. Sharma files progress reports to the NCLT and, upon completing asset realization and distribution, applies to dissolve the company officially.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Soumen Paul

Advocate Soumen Paul

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, NCLT, Property, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Janardhan Akula

Advocate Janardhan Akula

Anticipatory Bail,Civil,Consumer Court,Criminal,Documentation,Medical Negligence,Motor Accident,Muslim Law,Succession Certificate,Cheque Bounce,Child Custody,Divorce,High Court,Domestic Violence,Family,Property,R.T.I,

Get Advice
Advocate Vinay Saxena

Advocate Vinay Saxena

Consumer Court, Insurance, Motor Accident, Property, Banking & Finance

Get Advice
Advocate Rajnish Kumar

Advocate Rajnish Kumar

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Divorce, High Court, Family, Domestic Violence, Civil

Get Advice
Advocate Kurapati Abhilash

Advocate Kurapati Abhilash

Cheque Bounce,Civil,Criminal,Cyber Crime,GST,Tax,Arbitration,

Get Advice
Advocate Shashank Dubey

Advocate Shashank Dubey

Anticipatory Bail,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Motor Accident,Muslim Law,NCLT,Property,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Zaid Alam

Advocate Zaid Alam

Anticipatory Bail, Cheque Bounce, Domestic Violence, Muslim Law, Family

Get Advice
Advocate Sharik

Advocate Sharik

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts

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.