法定清盘人的角色

Annapurna Chakraborty
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引用次数: 0

摘要

一般意义上,清算人是进行清算全过程的人。当公司即将清盘时,必须变现公司的资产,并将其分配给“债券持有人”、“债权人”、“股东”等。为此,委任一名人士在公司“不复存在”前完成所有必需的工作。根据公司法,这个人被称为清盘人。因此,清算人在公司清盘的时候就出现了。上卷的过程可以分为两种。它们如下:强制清盘;2. 自愿清盘。法定清盘时指定法定清盘人。法定清盘人是高等法院的官员。他自清盘令发布之日起获委任。根据《公司法》,他有一定的职责要履行,他必须根据高等法院的指示,完成有关公司强制清盘的所有必要事项。在这个项目中,我讨论了官方清算人的作用。我把本文分为五章。第一章是绪论。第二章对法定清盘人进行了详细的研究,详细讨论了法定清盘人的规定。本文第三章结合公司强制清盘制度对法定清盘人的权力进行了分析。在本章中,我还讨论了第457(2)条和第457(3)条之间的冲突。官方清盘人的作用将在第四章中讨论。在该章中,我根据马德拉斯高等法院的判决讨论了官方清盘人的作用。最后,我在最后一部分做了总结。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Role of Official Liquidator
In general sense, liquidator is a person who conducts the whole process of liquidation. When a company is about to wind up it is required to realise the assets of the company and it should be distributed among the “debenture holders”, “creditors” “shareholders” etc. For this purpose a person is appointed who does all the required things before the company “cease to exist”. This person is called Liquidator under Company Law. So liquidator comes into scene in the time of winding up of a company. The process of winding up can be two types. These are following below: 1. Compulsory winding up; 2. Voluntary winding up.Official liquidator is appointed in the time of compulsory winding up. The Official liquidator is the officer of high court. He is appointed from the date of the order of the winding up. He has certain duties to perform under the Companies Act and he has to do all the required things in respect of compulsory winding up of a company according to the instruction of the high court. In this project I have discussed the role of official liquidator. I have divided this paper into five chapters. Chapter1 deals with introduction. I made a detailed study on Official Liquidator in the second chapter, where I have discussed the provisions regarding official liquidator in detail.I have analyzed the powers of official liquidator with reference to compulsory winding up of companies in the third chapter of this paper. Under this chapter, I, have also discussed the conflict between sections 457 (2) and 457 (3). The role of official liquidator will be discussed in the fourth chapter. In that chapter I have discussed the role of official liquidator in the light of the Madras high court decision. Finally I made a conclusion in the last part.
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