Premium Essay

Liquidators Duties

In:

Submitted By bigbadboris
Words 639
Pages 3
Principal duty of liquidator
• Subject to section 254, the principal duty of a liquidator of a company is— o (a) to take possession of, protect, realise, and distribute the assets, or the proceeds of the realisation of the assets, of the company to its creditors in accordance with this Act; and o (b) if there are surplus assets remaining, to distribute them, or the proceeds of the realisation of the surplus assets, in accordance with section 313(4)— in a reasonable and efficient manner.

Powers of liquidator
• (1) A liquidator has the powers— o (a) necessary to carry out the functions and duties of a liquidator under this Act; and o (b) conferred on a liquidator by this Act.
(2) Without limiting subsection (1), a liquidator has the powers set out in Schedule 6.

Schedule 6
Powers of liquidators s 260(2)

A liquidator of a company has power to—
• (a) commence, continue, discontinue, and defend legal proceedings:
• (b) the extent necessary for the liquidation carry on the business of the company:
• (c) appoint a solicitor:
• (d) pay any class of creditors in full:
• (e) make a compromise or an arrangement with creditors or persons claiming to be creditors or who have or allege the existence of a claim against the company, whether present or future, actual or contingent, or ascertained or not:
• (f) compromise calls and liabilities for calls, debts, and liabilities capable of resulting in debts, and claims, present or future, actual or contingent, or ascertained or not, subsisting or supposed to subsist between the company and any person and all questions relating to or affecting the assets or the liquidation of the company, on such terms as may be agreed, and take security for the discharge of any such call, debt, liability, or claim, and give a complete discharge:
• (g) sell or otherwise dispose of the property of the company:

Similar Documents

Free Essay

Abcd

...Key Features of Budget 2010-2011 CHALLENGES ! ! ! To quickly revert to the high GDP growth path of 9 per cent and then find the means to cross the ‘double digit growth barrier’. To harness economic growth to consolidate the recent gains in making development more inclusive. To address the weaknesses in government systems, structures and institutions at different levels of governance. OVERVIEW OF THE ECONOMY ! India among the first few countries in the world to implement a broad-based counter-cyclic policy package to respond to the negative fallout of the global slowdown. The Advance Estimates for Gross Domestic Product (GDP) growth for 2009-10 pegged at 7.2 per cent. The final figure expected to be higher when the third and fourth quarter GDP estimates for 2009-10 become available. The growth rate in manufacturing sector in December 2009 was 18.5 per cent – the highest in the past two decades. A major concern during the second half of 2009-10 has been the emergence of double digit food inflation. Government has set in motion steps, in consultation with the State Chief Ministers, which should bring down the inflation in the next few months and ensure that there is better management of food security in the country. ! ! ! CONSOLIDATING GROWTH Fiscal Consolidation ! ! With recovery taking root, there is a need to review public spending, mobilise resources and gear them towards building the productivity of the economy. Fiscal policy shaped with reference to the recommendations...

Words: 5378 - Pages: 22

Free Essay

Singer's Belief

...Running Head: Peter Singer’s Beliefs 1 In reading his article “Famine, Affluence, and Morality” Peter Singer gives us a seemingly devastating critiques of our ordinary ways of thinking in regards to famine relief, charity, and morality in general. In the spite of this there are some very few people that have accepted, or at any rate acted on, the conclusions he has reached. In aspect of these facts one could possible say of Singer’s arguments, as Hume said of Berkeley’s arguments for immaterialism, that “ they admit of no answer and produce no conviction.” In which I believe that Singer’s considerations show that people should do what would be considerably more than most people would actually do, people do not establish Singer’s conclusions in their full strength or generality. So Singer’s arguments may admit to partial answers, and possibly once properly qualified may produce some conviction. In the article Singer argues that the people who live in affluent countries must radically change their way of life as well as their conception of morality, so that they will become committed to helping those that are in need. Singer begins by asking us to consider cases of famine, like that in Bengal in 1971, Singer argues that the majority of people have a moral obligation to donate all we can possibly to the famine relief, and seeing that the people were suffering tremendously and either the government nor the individuals was doing anything near what was required to help...

Words: 1376 - Pages: 6

Free Essay

Goodwil Corporation Ltd.

...at 19:25 Date & Time of Removal of Goods 23-Aug-2014 at 1955 Mode/Terms of Payment Dated 23-Aug-2014 Dated 23-Aug-2014 Dated Despatch Document No. Destination Delhi Motor Vehicle No. VAT TIN : 07766906454 CST No. : 07766906454 Excise Regn No. : AAHCP4632MEM001 Buyer (if other than consignee) Premium Graphite Pvt Ltd F-26R,First Floor, Kalkaji, New Delhi-110019 VAT TIN : 07766906454 CST No. : 07766906454 AAHCP4632MEM001 Excise Regn No. : Sl No. 1 No. & Kind of Pkgs. 1 Description of Goods Machined Graphite Components Cavity Ele Hse266159 C008_d Excise Duty 12% ( Output) Education Cess 2% (Output) S & H Edu.Cess 1% (Output) CST @ 2.0 % Against Form"C" (8,207.00) 60 Days Tariff / HSN Classification 38019000 Quantity 1 pcs Rate 7,304.00 per pcs Amount 7,304.00 12 2 1 2 % % % % 876.00 18.00 9.00 164.00 Total Amount Chargeable (in words) : INR Eight Thousand Three Hundred Seventy One Only Amount of Duty (in words) : INR Eight Hundred Seventy Six Only Amount of Cess (in words) : INR Twenty Seven Only 1 pcs 8,371.00 Form to Receive : C Form Dt: VAT Declaration : We declare that this invoice shows the actual price of the...

Words: 349 - Pages: 2

Free Essay

Ba 260 Week 6 Breach of Duty

...BA 260 WEEK 6 BREACH OF DUTY, A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=week-7-consideration Visit Our website: http://hwsoloutions.com/ Product Description BA 260 WEEK 6 BREACH OF DUTY, In the case of the Mississippi Beef Plant case, duty of loyalty was breached. Mr. Hall duties and obligation were to get the beef plant built and running based on the $22 million budget he estimated. This did not happen and initial estimated price rose to $55 million dollars upon completion. In this situation, the issue of self-interest arose in the form of Mr. Hall paying his family member nearly $45,000 dollars to act as a consultant on the project. Secondly, as a means of providing and supporting his family, and maybe for financial gain, Mr. Hall also gave $269,000 or fraudulent obtained grant money to other family members. To make matters worse, Mr. Hall also had the construction company building the beef plant to pay him a 1% consulting fee totaling $173,130 and allegedly had the same construction company to perform nearly $20,000 in work on his personal home. According to the article, nearly $270,000 in false invoices were submitted to the Mississippi Development Authority and Community Bank for equipment and other items and demanded more than a $87,000 payment for several other miscellaneous items. In the end, the plant only functioned for several months and shortly afterwards, Mr. Hall defaulted on the $35 million loan and the bank and the state were...

Words: 317 - Pages: 2

Premium Essay

Ethics

...ways in which the inevitable, non-unavoidable death and suffering that is taking place there can be stopped. In his article, Famine, Affluence, and Morality, Singer draws the conclusion that if we not only has individuals, but as a government [as a whole] would do our parts, the suffering of these individuals would greatly be reduced. In this summary report, I will try to point out his arguments for immediate help for this nation and give a personal response of this article and his arguments. In his article, Famine, Affluence, and Morality, Singer’s goal is to get us the people of an affluent countries to understand and accept his conclusion that with help from us from anyone, the people of Bengal, India will survive and our moral ethical duties would be satisfied. From the beginning of this article, Singer tries to paint the picture of what is exactly going on in Bengal. He clearly and simply states "people are all dying in East Bengal from lack of food, shelter, and medical care" (Singer, 1972). Singer believes and tries to get us to believe that with help from other individuals and countries the people of Bengal will survive. He points out that in order for the nine million “refugees” to live at the very least a year the estimated amount comes to £464,000,000.00. To the date in which he wrote this article only £65,000,000.00 has been raised in the effort to keep these individuals alive. With this estimate, he brings back his point that if every person and developed nation...

Words: 1497 - Pages: 6

Free Essay

Ba 260 Week 6 Breach of Duty

...A++PAPER;http://www.homeworkproviders.com/shop/ba-260-week-6/ BA 260 WEEK 6 BREACH OF DUTY BA 260 WEEK 6 BREACH OF DUTY, In the case of the Mississippi Beef Plant case, duty of loyalty was breached. Mr. Hall duties and obligation were to get the beef plant built and running based on the $22 million budget he estimated. This did not happen and initial estimated price rose to $55 million dollars upon completion. In this situation, the issue of self-interest arose in the form of Mr. Hall paying his family member nearly $45,000 dollars to act as a consultant on the project. Secondly, as a means of providing and supporting his family, and maybe for financial gain, Mr. Hall also gave $269,000 or fraudulent obtained grant money to other family members. To make matters worse, Mr. Hall also had the construction company building the beef plant to pay him a 1% consulting fee totaling $173,130 and allegedly had the same construction company to perform nearly $20,000 in work on his personal home. According to the article, nearly $270,000 in false invoices were submitted to the Mississippi Development Authority and Community Bank for equipment and other items and demanded more than a $87,000 payment for several other miscellaneous items. In the end, the plant only functioned for several months and shortly afterwards, Mr. Hall defaulted on the $35 million loan and the bank and the state were unable to sell the property. In the situation, Mr. Hall had a responsibility as a director...

Words: 307 - Pages: 2

Premium Essay

Children Have No Responsibility Towards Their Parents When They Grow Old.

...Zakharov Ilya Essay The issue: Children have no responsibility towards their parents when they grow old. Children are never asked to be born and parents can`t expect their help. Nowadays many people think that children who have just come of age have the tendency to lose their contacts with parents. And as a result parents can`t expect help from their children. However, let`s consider the facts. It is believed that the duty of the children towards their parents consists of respect, obedience, care (especially when old people cannot take care of themselves). These duties are determined by the history, different traditions and religion. And apparently the main duty is to love your parents. This one goes without mentioning. With the rising cost of living sometimes parents have to ask children for help and support. And in this case there is the moral obligation of the children to look after them. Even if some people are not in the position to support parents financially, there are many other ways in which it is possible to give a hand. But one should, nevertheless, consider the problem from another angle. There is an argument against making it legal to force children help their parents. One must admit that, because of complicated emotional problems between parents and children, enforcing by law is not the solution. Another argument is that children were not given birth to become caretakers, because some parents may go for having more kids just for profit. And this is not love...

Words: 348 - Pages: 2

Premium Essay

To Obey or Not to Obey

...faced with tough decisions day in and day out. There are many deciding factors that aid us in our decision making. One major factor is our moral judgment. Morality may differ from one individual to the next, but the desire to live by them remains the same. When obeying the law comes into play it does not inflict, by any means, whether this moralistic trait determines your duty nor does it dictate cause to obey the law. Your moral duty is loyal to your own wellbeing and what in your own mind is best for your own person. Even if what you are doing is to benefit others your own person is being satisfied, and yes in some cases this may involve not obeying the law. And in many cases whether you obey the law or not the law does not change. So therefore your obligation to it in reality has no value to it, only to yourself and your own wellbeing. The law will not suffer consequence if not obeyed only the one not obeying it. We obey the law out of rational thought not morality. If you are a licensed driver passing through a reduced speed zone in a school district you will slow down and not speed not out of moral duty, but out of rational thought that I may hit a kid if I drive too fast or I may get a ticket, but whatever...

Words: 1363 - Pages: 6

Free Essay

Secularisation

...modest young lady. He admires her for the respect and value she gives to others and in a sense it tells the audience that she is from a respected background. “That she is worthy, I know” This quotation has connotations or worth and value, ideally it is showing that Hero is following the rules and duties of the conventional women as other characters such as Don Pedro recognises them and through his statement it portrays her that way. Through what Hero says presents clearly as her being a ideal women. At the start of act two, Beatrice referred to Don John as being so sour and tartly looking that it gave her heartburn. Whereas Hero sympathises towards him and claims that; “He is of a very melancholy disposition” This quotation tells the audience that she is considering the sad position that Don John is in, even knowing that he is illegitimate. This also relates back to act one when Hero corrected Beatrice when she was referred Benedick as Signor Monsanto. “My cousin means Signor Benedick of Padua”, the lack of disrespect that Beatrice shows contrast with Hero, therefore the audience gets to see the value and importance that Hero gives to other characters and following her duties of a women, by being respectful and modest towards others as an ideal women should be. However Beatrice’s non-conformity...

Words: 834 - Pages: 4

Free Essay

Central Excise

...EXCISE DUTY Central excise duty is an indirect tax which is charged on such goods that are manufactured in India and are meant for domestic consumption. The taxable fact is "manufacture" and the liability of central excise duty arises as soon as the goods are manufactured. The tax is on manufacturing, it is paid by a manufacturer, which is then passed on to the customer. The term "excisable goods" means the goods which are specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act 1985. The term "manufacture" refers to any process • Related or supplementary to the combination of a manufactured product. • Which is specified in relation to any goods in the Section or Chapter Notes of the First Schedule to the Central Excise Tariff Act 1985 as amounting to manufacture or • Which in relation to the goods specified in the Third Schedule involves packing or repacking of such goods in a unit container or labeling or re-labeling of containers including the declaration or alteration of retail sale price on it or adoption of any other treatment on the goods to render the product marketable to the consumer. Three different types of Central Excise Duties exist in India. They are listed below:  Basic Excise Duty In India Excise Duty, imposed under section 3 of the ‘Central Excises and Salt Act’ of1944 on all excisable goods other than salt produced or manufactured in India, at the rates set forth in the schedule to the Central Excise...

Words: 500 - Pages: 2

Free Essay

Aicpa Code of Conduct

...ETH/376 Accounting Ethics and Professional Regulations Week One Assignment – AICPA Code of Professional Conduct AICPA Code of Professional Conduct The AICPA Code of Professional Conduct represents the principles that “are based on the values of the profession and the traits of character that enable CPA’s to meet their obligations to the public” (Mintz & Morris, 2011). The AICPA Code of Professional Conduct has six essential principles to guide them in the performance of their profession. The six essential principles are: Responsibilities, the Public Interest, Integrity, Objectivity and Independence, Due Care, and Scope and Nature of Services. All these principles need to be follow by the members of the AICPA. These principles link the professional conduct to moral judgment and recognize the responsibility that CPA’s have to his or her clients as well as the public. AICPA Code of Professional Conduct Principles The AICPA Code of Professional Conduct have six essential principles. The first principle is call “Responsibilities”, which protects the public of irresponsible and immoral behavior. The second principle is “The Public Interest”, which protects the best interest of stakeholders that includes the clients, credit grantors, government, investors, etc. The third principle is “Integrity” because this principle identify the public trust and CPA’s need to be candid and honest while maintaining client confidentiality. The fourth principle is “Objectivity and...

Words: 729 - Pages: 3

Premium Essay

Marketing

...9.4 – Business Ethics 1. Does Winkel receive the profit sharing bonus? Winkel will receive the profit sharing bonus because in the state of Montana in which this contract is performed under, Winkel would in fact be entitled to the profit share bonus. The original written contract states anything about the raise or profit-share. Regrettably because FHC went with an oral modification of the written contract which is permitted in the state of Montana, FHC must obtain to the oral obligation which would be in the best interest of the FHC. 2. Did Dr. Vranich of FHC act ethically in raising the defense that the contract was not in writing? Dr. Vranich did not in fact act ethically in raising the defense that the contract was not in writing. On the other hand Dr. Vranich did in fact act ethically by retaining up to one part of the oral modification in paying Winkel the higher salary which was evident. By implementing one part of the oral modification she may have felt she did not have to implement the other part. So in conclusion Dr. Vranich did not act ethically in raising the defense because an oral revision was made and incompletely implemented which in the state of Montana that this transpired allows an implemented oral agreement. 10.7- Acceptance 1. After reading the situation of acceptance Mr. Peter Andrus would win because he didn’t accept the terms of the policy two months previous to the expiration. Even though Durick sued Andrus to recover the percentages on the...

Words: 353 - Pages: 2

Free Essay

Mission Statement

...Mission statement and swot As a security professional, the company I work for has worked closely with the TSA for airport security details. While my organization doesn't have a clearly defined mission statement and vision, the TSA does. Mission: Protect the Nation's transportation systems to ensure freedom of movement for people and commerce. Vision: Provide the most effective transportation security in the most efficient way as a high performing counter-terrorism organization. Core Values: Integrity - Respect and care for others and protect the information we handle. - Conduct ourselves in an honest, trustworthy and ethical manner at all times. - Gain strength from the diversity in our cultures. Innovation - Embrace and stand ready for change. - Courageous and willing to take on new challenges. - Have an enterprising spirit, striving for innovation and accepting the risk-taking that comes with it. Team Spirit - Open, respectful and dedicated to making others better. - Have a passion for challenge, success and being on a winning team. - Build teams around our strengths. The TSA, while suffering much criticism, has undoubtedly deterred much violence in today's social climate just through it's very existence. Sometimes the methods in which security professionals and law enforcement accomplish their missions are called into question, but I believe that this stems from a deep seated resentment of authority figures that many in society harbor. It's hard to quantify...

Words: 470 - Pages: 2

Premium Essay

Moral Duty

...Business organizations need to have the moral duty that extend well beyond serving the interest of its owners or stockholders, and these duties consist of more than simply obeying the law. That way businesses have to stand up to their own actions. It is the belief that a business has moral responsibilities to stakeholders including employees, customers, vendors, the local community and society as a whole. With this concept understood, it remains that business organizations can conform and be successful while practicing ethical behavior. Which what makes the business stand out from others. With saying that let me explain Dell’s ethical procedures. The characteristics that underpin the soul of Dell include trust, integrity, honesty, judgment, respect, courage and responsibility. As these characteristics imply, Dell places great priority on honoring its commitment of excellence to one another as well as its many stakeholders. Dell prides itself in adhering to stringent standards of ethical behavior in every facet of its elaborate business structure. Known throughout the organization as the Soul of Dell, their shared global culture is built on a foundation of personal and professional integrity (Dell, 2008). As Dell employees, we are committed to acting responsibly, honestly and with integrity in all dealings with our suppliers, customers, partners, shareholders, government regulators and competitors. Dell is committed to working with socially responsible entities that comply...

Words: 269 - Pages: 2

Free Essay

Tiger Woods Scandal and Ethical Disucssion

...Abstract Utilitarianism vs. Deontology, Should Tiger Woods have his contracts reinstated by the companies that dropped him? I will be discussing both of these theories and the positive and negative side of each. I will also tell you my thoughts and how I would answer this question. The Tiger Woods scandal brings up many questions concerning today’s society and the ethical and moral obligations that celebrities have when companies invest in you in exchange for your endorsement of their products. Although, Tiger Woods may be a great golfer his moral choices have proved to be less than desirable by the masses. According, to the Judeo-Christian values that our country was founded on (Cherry, 2007) adultery is believed to be morally unacceptable and thus makes the basis of the utilitarian approach to this discussion. The utilitarian theory is based on the greatest good for the greatest amount of people. This theory may hold true when speaking of adultery. I agree that adultery is wrong but do Tiger’s personal indiscretions warrant the abandonment of his endorsers. Was Tiger hired on the basis that he lived a moral life or because he is a great golfer? Now that Tiger Woods has made a public apology, does the belief that everyone deserves forgiveness prove to have priority over the condemnation of adultery? The utilitarian approach determines the greatest priority by the happiness level or consequences it produces. Since your happiness level is greater when influenced...

Words: 808 - Pages: 4