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The Companies Act, 1956

Title : The Companies Act, 1956

Year : 1956

Sec553    -     Voluntary liquidator to make payments into Scheduled Bank.

     

    (1) Every liquidator of a company, not being an Official Liquidator, shall, in such manner and at such times as may be prescribed, pay the moneys received by him in his capacity as such into a Scheduled Bank to the credit of a special banking account opened by him in that behalf, and called 

    Company Limited "
    ______________________________________
    " the Liquidation Account of .................................... Company Private Limited "
    ______________________________________
    Company " :

          

      Provided that if the Court is satisfied that for the purpose of carrying on the business of the company or of obtaining advances or for any other reason, it is to the advantage of the creditors or contributories that the liquidator should have an account with any other bank, the Court may authorise the liquidator to make his payments into or out of such other bank as the Court may select ; and thereupon those payments shall be made in the prescribed manner and at the prescribed time into or out of such other bank.

    (2) If any such liquidator at any time retains for more than ten days a sum exceeding five hundred rupees or such other amount as the Court may, on the application of the liquidator, authorise him to retain, then, unless he explains the retention to the satisfaction of the Court, he shall

      (a) pay interest on the amount so retained in excess, at the rate of twelve per cent per annum and also pay such penalty as may be determined by the Registrar ;

      (b) be liable to pay any expenses occasioned by reason of his default ; and

      (c) also be liable to have all or such part of his remuneration as the Court may think just disallowed, and to be removed from his office by the Court.


Last updated on May, 2015

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