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Question

The liquidator after realizing the assets of the company should distribute the proceeds among below mentioned claimants in which order?
A. Liquidator's remuneration and cost of expenses of winding up.
B. Legal charges
C. Claims of secured creditors
D. Preferential creditors and creditors secured by floating charges
E. Unsecured creditors
Choose the correct answer from the options given below:

The correct answer is
B, A, C, D, E

When a company goes into liquidation, the liquidator realizes the company's assets and distributes the proceeds to various claimants. The distribution follows a statutory order of priority to ensure fairness.

Distribution Order After Asset Realization

The priority of payments is crucial. Generally, costs associated with winding up the company and satisfying secured debts take precedence over unsecured debts.

Claimant Priority Explained

Based on the standard order of priority in liquidation, the proceeds from asset realization are distributed as follows:

  • 1. Legal Charges (B): Specific legal costs directly related to the liquidation process or actions taken often receive high priority.
  • 2. Liquidator's Remuneration and Winding Up Expenses (A): The costs incurred by the liquidator and the general expenses of the winding-up process are typically paid before other creditors.
  • 3. Secured Creditors (C): Creditors who hold specific security (like a charge over an asset) are entitled to be paid from the proceeds of that secured asset, generally before preferential or unsecured creditors.
  • 4. Preferential Creditors (D): This category includes certain debts like employee wages, salaries, and potentially some taxes, which are given priority over unsecured creditors but rank after secured creditors and winding-up costs. Creditors secured by floating charges also fall into this category or rank just below fully secured creditors.
  • 5. Unsecured Creditors (E): These are creditors without any specific security. They are paid last, only after all other priority claims have been settled, and often receive only a fraction of their claim.

Therefore, the correct sequence for distributing the realized assets is B, A, C, D, E.

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Important Questions from The Companies Act, 2013 - Teaching

  1. Arrange the following steps for the Incorporation of a new LLP (Limited Liability Partnership) in the correct order -
    A. Drafting of LLP Agreement
    B. Deciding the partners and designated partners
    C. Electronic filing of documents with ROC & issuing of Certificate of Incorporation by ROC (Registrar of Companies)
    D. Checking the availability of Name
    E. Obtaining DPIN & Digital Signature Certificate
    Choose the correct answer from the options given below:
  2. Which of the following section of Companies Act, 2013 deals with amalgamation, absorption and reconstruction?
  3. Which of the following is the most frequently held meeting of a company?
  4. Arrange the following process of incorporation of a new LLP in proper sequence.
    A. Reserve LLP name
    B. Procure Digital Signature Certificate
    C. Prepare documents for incorporation of LLP
    D. LLP incorporation and DIN Application
    E. Drafting and Filling LLP Agreement
    F. Apply for PAN and TAN
    Choose the correct answer from the options given below:
  5. Arrange the online registration process of a new private limited company in proper sequence.
    A. Select and Reserve Company Name
    B. Acquire DIN & DSC of promoters
    C. Draft Memorandum and Articles of Association
    D. Get Company Registration Certificate
    E. File SPICE+ Applicaiton
    Choose the correct answer from the options given below:
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