Section 352 of the Companies Act, 2013

Section 352 of the Companies Act, 2013 pertains to the Company Liquidation Dividend and Undistributed Assets Account.

📘 Section 352 – Company Liquidation Dividend and Undistributed Assets Account

Key Provisions:

Transfer of Unpaid Amounts:

When a company is liquidated, and any money remains unpaid (like dividends or other amounts due to creditors or shareholders), such amounts must be transferred to a special account named "Company Liquidation Dividend and Undistributed Assets Account", maintained in the Public Account of India.

Time Limit:

The transfer must be made within 5 days from the date the money becomes due.

Claim by Creditors/Shareholders:

Anyone claiming entitlement (creditor or shareholder) can approach the Tribunal for payment of the amount due to them.

Unclaimed for 7 Years:

If any amount remains unclaimed in the above account for 7 years, it will be transferred to the General Revenue Account of the Central Government.

Right to Claim Even After Transfer:

Even after the amount is transferred to the General Revenue Account, the rightful person can still claim it by applying to the appropriate authority.

🔸 Purpose:

This section ensures that unclaimed money during the liquidation process is safeguarded and remains accessible to rightful claimants, even after a long time.

 

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