Section 290 — Powers and duties of Company Liquidator
(1) Subject to directions by the Tribunal, if any,
in this regard, the Company Liquidator, in a winding up of a company by the Tribunal, shall have the
power—
(a) to carry on the business of the company so far as may be necessary for the beneficial winding
up of the company;
(b) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts and
other documents, and for that purpose, to use, when necessary, the company’s seal;
(c) to sell the immovable and movable property and actionabl e claims of the company by public
auction or private contract, with power to transfer such property to any person or body corporate, or to
sell the same in parcels;
(d) to sell the whole of the undertaking of the company as a going concern;
(e) to raise any money required on the security of the assets of the company;
(f) to institute or defend any suit, prosecution or other legal proceeding, civil or criminal, in the
name and on behalf of the company;
(g) to invite and settle claim of creditors, employees o r any other claimant and distribute sale
proceeds in accordance with priorities established under this Act;
(h) to inspect the records and returns of the company on the files of the Registrar or any other
authority;
(i) to prove rank and claim in the insolvency of any contributory for any balance against his estate,
and to receive dividends in the insolvency, in respect of that balance, as a separate debt due from the
insolvent, and rate ably with the other separate creditors;
(j) to draw, accept, make and endorse any negotiable instruments including cheque, bill of
exchange, hundi or promissory note in the name and on behalf of the company, with the same effect
with respect to the liability of the company as if such instruments had been drawn, accepted, mad e or
endorsed by or on behalf of the company in the course of its business;
(k) to take out, in his official name, letters of administration to any deceased contributory, and to
do in his official name any other act necessary for obtaining payment of any m oney due from a
contributory or his estate which cannot be conveniently done in the name of the company, and in all
such cases, the money due shall, for the purpose of enabling the Company Liquidator to take out the
letters of administration or recover the money, be deemed to be due to the Company Liquidator himself;
(l) to obtain any professional assistance from any person or appoint any professional, in discharge
of his duties, obligations and responsibilities and for protection of the assets of the compa ny, appoint
an agent to do any business which the Company Liquidator is unable to do himself;
(m) to take all such actions, steps, or to sign, execute and verify any paper, deed, document,
application, petition, affidavit, bond or instrument as may be necessary,—
(i) for winding up of the company;
(ii) for distribution of assets;
(iii) in discharge of his duties and obligations and functions as Company Liquidator; and
(n) to apply to the Tribunal for such orders or directions as may be necessary for the winding up of
the company.
(2) The exercise of powers by the Company Liquidator under sub -section (1) shall be subject to the
overall control of the Tribunal.
(3) Notwithstanding the provisions of sub-section (1), the Company Liquidator shall perform such other
Related sections
- Section 273 — Powers of Tribunal
- Section 274 — Directions for filing statement of affairs
- Section 275 — Company Liquidators and their appointments
- Section 276 — Removal and replacement of liquidator
- Section 277 — Intimation to Company Liquidator, provisional liquidator and Registrar
- Section 278 — Effect of winding up order
- Section 279 — Stay of suits, etc., on winding up order
- Section 281 — Submission of report by Company Liquidator
- Section 282 — Directions of Tribunal on report of Company Liquidator
- Section 283 — Custody of company’s properties
- Section 284 — Promoters , directors, etc., to cooperate with Company Liquidator
- Section 285 — Settlement of list of contributories and application of assets
- Section 286 — Obligations of directors and managers
- Section 287 — Advisory committee
- Section 288 — Submission of periodical reports to Tribunal
- Section 289 — [Power of Tribunal on application for stay of winding up .] Omitted by the Insolvency and
- Section 291 — Provision for professional assistance to Company Liquidator
- Section 292 — Exercise and control of Company Liquidator’s powers
- Section 293 — Books to be kept by Company Liquidator
- Section 294 — Audit of Company Liquidator’s accounts
- Section 295 — Payment of debts by contributory and extent of set -off
- Section 296 — Power of Tribunal to make calls
- Section 297 — Adjustment of rights of contributories
- Section 298 — Power to order costs
- Section 299 — Power to summon persons suspected of having property of company, etc
- Section 300 — Power to order examination of promoters, directors, etc
- Section 301 — Arrest of person trying to leave India or abscond
- Section 302 — Dissolution of company by Tribunal
- Section 303 — Appeals from orders made before commencement of Act
- Section 320 — [Distribution of property of company .] Omitted by s . 255 and the Eleventh Schedule, ibid
- Section 321 — [ Arrangement when binding on company and creditors .] Omitted by the Insolvency and
- Section 322 — [Power to apply to Tribunal to have questions determined, etc.] Omitted by s. 255 and the Eleventh
- Section 324 — Debts of all descriptions to be admitted to proof
- Section 327 — Preferential payments
- Section 328 — Fraudulent preference
- Section 330 — Certain transfers to be void
- Section 331 — Liabilities and rights of certain persons fraudulently preferred
- Section 332 — Effect of floating charge
- Section 333 — Disclaimer of onerous property
- Section 335 — Certain attachments, executions, etc., in winding up by Tribunal to be void
- Section 336 — Offences by officers of companies in liquidation
- Section 337 — Penalty for frauds by officers
- Section 338 — Liability where proper accounts not kept
- Section 339 — Liability for fraudulent conduct of business
- Section 340 — Power of Tribunal to assess damages against delinquent directors, etc
- Section 341 — Liability under sections 339 and 340 to extend to partners or directors in firms or
- Section 342 — Prosecution of delinquent officers and members of company
- Section 343 — Company Liquidator to exercise certain powers subject to sanction
- Section 344 — Statement that company is in liquidation
- Section 345 — Books and papers of company to be evidence
- Section 346 — Inspection of bo oks and papers by creditors and contributories
- Section 347 — Disposal of books and papers of company
- Section 348 — Information as to pending liquidations
- Section 349 — Official Liquidator to make payments into public account of India
- Section 350 — Company Liquidator to deposit monies into scheduled bank
- Section 351 — Liquidator not to deposit monies into private banking account
- Section 352 — Company Liquidation Dividend and Undistributed Assets Account
- Section 353 — Liquidator to make returns, etc
- Section 354 — Meetings to ascertain wishes of creditors or contributories
- Section 355 — Court, tribunal or person, etc., before whom affidavit may be sworn
- Section 356 — Powers of Tribunal to declare dissolution of company void
- Section 358 — Exclusion of certain time in computing period of limitation
- Section 359 — Appointment of Official Liquidator
- Section 360 — Powers and functions of Official Liquidator
- Section 361 — Summary procedure for liquidation
- Section 362 — Sale of assets and recovery of debts due to company
- Section 363 — Settlement of claims of creditors by Official Liquidator
- Section 364 — Appeal by creditor
- Section 365 — Order of dissolution of company