Winding up defines as the life of a company brought to end or it is a process where the life of a company ends and the property of the company is administrated for the benefits of creditors, shareholders.
In other words winding up means liquidation of company’s assets, were the total assets are collected and sold to pay the debts. While the process of winding up takes place firstly the expenses,debts,cost are paid then the remaining is distributed among the shareholders.
There should be a legal mechanism for winding up of a company were all the activities are ceased. After the company is winding up all the existence of company comes to an end and all the assets are monitored.
There are several reasons for winding up of a company which includes bankruptcy, misfortune or any unforeseen conditions. In private limited company which is an artificial judicial person requires much compliance. There exists the fines and penalties if the company fails to maintain its compliances or even disqualifies the Directors for incorporating further company, so it’s better to wind up of a company if no transaction takes place.
Initiation for the winding up of a company takes place with shareholders at anytime. If there are dues or secure or unsecure creditors that need to be settled. After setting the dues the bank account of the company should be closed. The company should also surrender its GST registration.After surrender all the registration the winding up application petition for the company is to be filed to MCA.
What are the different ways in which an individual can windup a Company?
Winding up of a company takes place in two different ways:
1. Voluntary Winding up of a Company
Cash flow problems: This is the biggest problem for any business for maintain healthy capital cycle. Business runs efficiently when there is enough money and can pay to suppliers when they are in due. If the cash flow becomes inhibited then the business starts racking up debt. If this debt is not paid on time the creditor will start to ramp up pressure, then at certain point the directors may push to dissolve the business.
Lack of Accurate Accounting: For the smooth running of the business a company accountant plays a key role. If the accountant doesn’t have sufficient skills, organizational skills, expertise skills then the full company’s financial situation is all to easy to run in trouble. So the director is responsible to choose correct accountant for the company.
Lack of Leadership: Director’splaykey role in these areas, subtitles, multifaceted and demanding positions with requirements of excellence’s director should have all the knowledge of business aspects, all key staff members, and financialpositions. In many examples, the companies which have failed in mismanagement and lack of expertise of a director is become a main factor for closing thecompany.
Disagreement among the key partners: Internal disagreements can play a pivotal role in forcing company closure. For running a successful journey of business, the matter how clear vision the business partners set out is important. Manybusiness partners fallout over to take on business to which direction .and these conflicts will take a toll on business profits and at a point a simplest decision made by the partners may lead to dissolve a company.
The process inevitably ends with the form of the solution the company status, if the insolvency practitioner recommends liquidation.
Administration or liquidation are the only options, when the business is insolvent, dissolution, also known as striking off, is not an option for the company.
WhatsApp us