In a voluntary liquidation of a company that owes debt, after the members pass the special resolution, creditors must approve it. Choose the technically correct position on the threshold and time-limit.
- A. Creditors representing one-half in value must approve within fourteen days
- B. Creditors representing two-thirds in value must approve within seven days
- C. Creditors representing three-fourths in value must approve within thirty days
- D. No creditor approval is needed once members pass the resolution
Show answer & explanation
Correct answer: B. Creditors representing two-thirds in value must approve within seven days
Correct: (B). Why correct: The chapter states that where the company owes any debt, 'creditors representing two-thirds in value of the debt of the company shall approve the resolution... within seven days of such resolution.' Why others wrong: (A)/(C) use wrong value thresholds and time-limits; (D) is wrong — creditor approval is mandatory when debt is owed.
Study this chapter: Failure of CIRP or Business: Liquidation & Voluntary Liquida...