Companies Act Section 365 — Order of dissolution of company

CHAPTER XX WINDING UP

Commercial / Corporate

Summary

Sub-section (1) explains that the Official Liquidator must submit a final report once satisfied that the company has been completely wound up. The report goes to the Central Government if no reference was made to the Tribunal under sub-section (4) of section 364. In all other cases, the report goes to both the Central Government and the Tribunal.

Sub-section (2) states that after receiving this report, the Central Government or the Tribunal, depending on who received it, will issue an order that the company be dissolved.

Sub-section (3) provides that once such an order is made, the Registrar must remove the company's name from the register of companies and publish a notification about this removal.

Official Text

(1) The Official Liquidator shall, if he is satisfied that the company is finally wound up, submit a final report to—

(i) the Central Government, in case no reference was made to the Tribunal under sub-section (4) of section 364; and

(ii) in any other case, the Central Government and the Tribunal.

(2) The Central Government, or as the case may be, the Tribunal on receipt of such report shall order that the company be dissolved.

(3) Where an order is made under sub-section (2), the Registrar shall strike off the name of the company from the register of companies and publish a notification to this effect. PART I.— Companies Authorised to Register under this Act