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Section 455 – The Companies Act,1956

The Companies Act, 1956

455. Report by Official Liquidator

(1) In a case where a winding up order is made, the Official Liquidator shall, as soon as practicable after receipt of the statement to be submitted under section 454 and not later than six months from the date of the order, 2[or such extended period as may be allowed by the Court] or in a case where the 1[Tribunal] orders that no statement need be submitted, as soon as practicable after the date of the order, submit a preliminary report to the 1[Tribunal]-

(a) as to the amount of capital issued, subscribed, and paid up, and the estimated amount of assets and liabilities, giving separately under the heading of assets, particulars of (i) cash and negotiable securities; (ii) debts due from contributories; (iii) debts due to the company and securities if any, available in respect thereof; (iv) movable and immovable properties belonging to the company; and (v) unpaid calls;

(b) if the company has failed, as to the causes of the failure; and

(c) whether, in his opinion, further inquiry is desirable as to any matter relating to the promotion, formation, or failure of the company, or the conduct of the business thereof.

(2) The Official Liquidator may also, if he thinks fit, make a further report, or further reports, stating the manner in which the company was promoted or formed and whether in his opinion any fraud has been committed by any person in its promotion or formation, or by any officer of the company in relation to the company since the formation thereof, and any other matters which, in his opinion, it is desirable to bring to the notice of the 1[Tribunal].

(3) If the Official Liquidator states in any such further report that in this opinion a fraud has been committed as aforesaid, the 1[Tribunal] shall have the further powers provided in section 478.

1. Subs. by Act 11 of 2003, sec. 66, for “Court”.

2. Ins. by Act 65 of 1960, sec, 168 (w.e.f. 28-12-1960).

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The Companies Act, 1956

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