Company insolvency and winding up, Corporate Laws / SEBI / LLP

[Diksha Gupta]

I had a query whether we can use these three terms interchangeably- Insolvency, Winding up and Liquidation of a company or is there some difference between these terminologies ?

Posts / Replies

[Padmanathan Kollengode]

First and foremost, let me admit that I am not an expert in Corporate Laws. However, in my limited understanding, these terminologies are different and cannot be user interchangeably.

[Padmanathan Kollengode]

Learned Vidushi Ma'am,

If you could post a brief extract from your website, it would be helpful to the querist and others.

Regards

[Vidushi Goel]

Respected Padmanathan Kollengode sir

This website is actually a e book

The main motto of this website is to educate the mass especially the professionals of the country and of course youth icon of the era on the topics of law , finance and taxes.

[Padmanathan Kollengode]

I am intrigued. Pls post the link of this website so it will benefit the readers.

[Diksha Gupta]

As far as I could understand:

Insolvency is used when a company is unable to pay back its liabilities and debts.

Liquidation is used when a company is selling off its assets to pay back the debts and liabilities.

And winding up can followed by liquidation where a company has paid back all the assets or when a company has fulfilled its objectives and thereby closing/winding it up. This can also take place under various other circumstances which can be studied here:

SCH 11 - AMENDMENTS TO THE COMPANIES ACT, 2013 (18 OF 2013) - Insolvency and Bankruptcy Code, 2016 (taxmanagementindia.com)

For winding up:

I referred to this: Section 2 - Definitions - Companies Act, 2013 (taxmanagementindia.com) where the below provision is stated.

²²[(94A) "winding up" means winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016, as applicable.]