What is Winding up of a Company?

Winding up is a process of bringing a company’s affairs to a close, liquidating its assets, and distributing the proceeds among its creditors and shareholders. A liquidator is appointed to take control of the company and realises the company’s assets, and applies the proceeds in payment of its debts.

Winding up can be voluntary or compulsory. The compulsory winding up process is done when the creditors, the ROC, or the company itself apply for winding up to the NCLT. On the other hand, voluntary winding up is initiated when the company applies to NCLT to initiate the winding up process after passing a special resolution.

Difference between Dissolution and Winding up of a Company

Dissolution of a company is a legal process where a company is dissolved by an order of a Tribunal; i.e., National Company Law Tribunal (NCLT), after the winding up process is completed. Dissolution brings a company’s existence to an end, and the name is struck off by the Registrar of Companies (ROC). Both Dissolution and Winding up are related to the company’s end and are mostly confused. The process of winding up is the one where the liquidator is appointed to settle and distribute the company’s assets among the creditors and other relevant stakeholders. Only when the winding-up process is completed does dissolution take place.

Table of Content

  • What is Dissolution of a Company?
  • What is Winding up of a Company?
  • Difference between Dissolution and Winding up of a Company
  • Conclusion
  • Frequently Asked Questions (FAQs)

Similar Reads

What is Dissolution of a Company?

Dissolution is a legal process that terminates the existence of a company. The name of the company is struck off from the Registrar of Companies, and it shall be published in the official gazette. Dissolution of a company can be done in the following two ways:...

What is Winding up of a Company?

Winding up is a process of bringing a company’s affairs to a close, liquidating its assets, and distributing the proceeds among its creditors and shareholders. A liquidator is appointed to take control of the company and realises the company’s assets, and applies the proceeds in payment of its debts....

Difference between Dissolution and Winding up of a Company

...

Conclusion

In conclusion, Dissolution and Winding up are two legal processes that are used to bring a company’s affair to an end. Winding up is a process of liquidating a company’s assets, whereas dissolution is the final stage that terminates the company’s legal existence. Both processes are equally important for ensuring that a company’s affairs are resolved in an orderly and smooth manner for releasing the shareholders and directors from their ongoing legal and financial obligations....

Frequently Asked Questions (FAQs)

1. What is Winding up, and how is it different from Dissolution?...