I wish to initiate voluntary winding up of my company registered in Kolkata; what statutory steps must I follow under the Companies Act?
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Voluntary winding up under Section 59 of the Insolvency and Bankruptcy Code, 2016 (for solvent companies) requires a declaration of solvency by a majority of directors, verified by an affidavit, confirming the company can pay its debts and has sufficient assets. A special resolution must be passed by shareholders within four weeks of the declaration, and the winding up process must be completed within twelve months, extendable by the NCLT. A liquidator must be appointed, and creditors must be given notice and an opportunity to participate. The Calcutta High Court may be approached if the liquidator acts contrary to law or the West Bengal Premises Tenancy Act 1997 on asset distribution is violated. The company's assets must be realised, debts paid, and surplus distributed to contributories. A final report is submitted to the NCLT, which then passes an order of dissolution.
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