Section 365: Order of dissolution of company
This section is for the process of dissolving a company after it has been wound up.
The section, clause by clause
What the section says
In plain terms
(1)The Official Liquidator shall, if he is satisfied that the company is finally wound up, submit a final report to—
The Official Liquidator must submit a final report to the Central Government or the Central Government and the Tribunal when they are satisfied that the company is finally wound up.
(1)(i)the Central Government, in case no reference was made to the Tribunal under sub-section (4) of section 364; and
(1)(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.
The Central Government or the Tribunal will order the company to be dissolved after receiving the final report from the Official Liquidator.
(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.
When the dissolution order is made, the Registrar will remove the company's name from the register of companies and publish a notification to confirm this.
(3)CHAPTER XXI PART I.— Companies Authorised to Register under this Act
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Subs. by Act 1 of 2018, s. 75, for “seven or more members” (w.e.f. 15-8-2018).
This section refers to
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.