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InsolvencyLegal Dictionary

Winding Up

Companies Act, 2013 — Section 270; IBC, 2016 — Section 33

Definition

The process of closing down a company by liquidating its assets, paying off creditors, and distributing the surplus (if any) to shareholders. Under the Companies Act, 2013 (Sections 270–375), courts can wind up companies for various reasons including inability to pay debts. The IBC now provides an alternative insolvency-based liquidation process through the NCLT that has largely replaced winding up for insolvent companies.

Related Terms
Liquidation
The process of winding up a company's affairs by selling assets and distributing proceeds to credito
IBCNCLTCompanies Act
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Need Expert Advice on Winding Up?

For specific advice on how Winding Up applies to your debt recovery matter, consult Advocate Subodh Bajpai — LLM, MBA (XLRI Jamshedpur). 25+ years of exclusive banking and debt recovery practice across DRT, SARFAESI, IBC, and NI Act.

Defined by Advocate Subodh Bajpai, Senior Partner, Unified Chambers and Associates

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