Compulsory liquidation - winding-up, Business Law and Ethics

Assignment Help:

Compulsory Liquidation:

                                      A petition is presented to the High Court under s.218 of the Companies Act.  The petition will specify one of the seven grounds for compulsory winding up and be presented (usually) either by a creditor or by a member (called a "contributory" in the context of liquidation).

The seven standard grounds for compulsory winding up are listed in s.219 as follows-

(a)     the company has through special resolution resolved that it should be wound up by the court;

(b)     the company does not deliver the statutory report to the registrar or defaults in holding the statutory meeting;

(c)     the company has not originate its business within a year from its incorporation or has suspended its business for a whole year;

(d)    the company is unable to pay its debts; (see s.220).

(e)     the number of members of the company has reduced, in the case of a private company, under two or there may in the case of a public company, under seven;

(f)      the court considers that it is just and equitable to wind up the company. (see p.12).

(g)     so further in the case of a company incorporated outside Kenya and carrying on business in Kenya, liquidation proceedings have been commenced in respect of it in the country of its incorporation or territory in which it has established a place of business.


Related Discussions:- Compulsory liquidation - winding-up

#title.writhe some stetment about morality of iinternationa, writhe some s...

writhe some stetment about morality of international context

What forces the policy maker to obey the law, What forces the policy maker ...

What forces the policy maker to obey the law When law directs a policy maker to carryout policy, what forces the policy maker to obey the law? When there is no restriction from

Indicator based definition of phoenix activity, Q. Indicator based definiti...

Q. Indicator based definition of phoenix activity? Many stakeholders emphasised the importance of educating the community about the signs or indicators of phoenix activity. A d

Termination - duties of owner, Termination - Duties of Owner Although be...

Termination - Duties of Owner Although below S.12 of the Act the hirer may on any time before the final payment may or instalment falls due to terminate the agreement through li

Regulations regarding fire, REGULATIONS REGARDING FIRE : Fire accidents in...

REGULATIONS REGARDING FIRE : Fire accidents in educational institutions are much less as compared to those in residential, commercial or industrial areas. This is a general observ

Revival of a dissolved company, Revival of a Dissolved Company: Liquid...

Revival of a Dissolved Company: Liquidation leads on to dissolution of the company.  The court may, however, within the ensuing two years order that dissolution be rescinded a

Judges of appeal, Judges of Appeal, Attorney and Registrar Judges of...

Judges of Appeal, Attorney and Registrar Judges of Appeal However a "judge of appeal" is a judge that who is appointed to the Court of Appeal. Attorney - General

Problem question, how do i answer a problem question in law base on the law...

how do i answer a problem question in law base on the law of contract for final assesment

Illustration of rules relating to consideration, Illustrtaion of Rules rela...

Illustrtaion of Rules relating to consideration Foakes v Beer (1884) Actually On the date 11th of August, 1875 Mrs Beer wrapped judgment next to Dr. Foakes for £2,077 1

Misconduct in employment law, Question 1: " One of those general precep...

Question 1: " One of those general precepts of our law of contract is that covenants legally entered into cannot be revoked except by the mutual consent of the parties theret

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd