In case of a company limited by guarantee, the liability of the members can be enforced

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MPPSC Assistant Prof 2022 Commerce Paper II
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  1. Only at the time of winding-up of the company
  2. Only by an order of the court
  3. At any time when the company so decides
  4. Only by an order of the registrar of companies

Answer (Detailed Solution Below)

Option 1 : Only at the time of winding-up of the company
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Detailed Solution

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The correct answer is - Only at the time of winding-up of the company

Key Points

  • Liability enforcement
    • In a company limited by guarantee, the liability of members is generally not required to be paid during the company's normal operations.
    • The liability of members is enforced only at the time of winding-up, which means during the process of dissolving the company.
    • Members guarantee to contribute a specific amount towards the company's debts and liabilities if it is wound up while they are members or within a year after they cease to be members.

Additional Information

  • Company limited by guarantee
    • This type of company does not have share capital; instead, it has members who act as guarantors.
    • Members agree to pay a predetermined amount (guarantee) if the company goes into liquidation.
    • Commonly used for non-profit organizations, clubs, and charities where profit distribution is not the primary goal.
  • Winding-up process
    • Winding-up refers to the process of dissolving a company, settling its debts, distributing any remaining assets to members or shareholders, and ceasing its existence.
    • It can be voluntary (initiated by members or creditors) or compulsory (ordered by a court).
    • During winding-up, the company's assets are liquidated to pay off its liabilities, and any remaining funds are distributed to members or shareholders.
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