Section 350: Company Liquidator to deposit monies into scheduled bank

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
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Legal Commentary & Landmark Judgments: Section 350

Section 350 of the Companies Act, 2013 mandates that a Company Liquidator must deposit all monies received into a scheduled bank, prohibiting unauthorized cash retention exceeding five thousand rupees for more than ten days under penalty of twelve percent interest and removal.

  • Mandatory Scheduled Bank Account: Every Company Liquidator must open a dedicated bank account in a scheduled bank (or bank approved by Tribunal) entitled the liquidation account of the company.
  • Strict Cash Retention Limit: Prohibits retaining more than five thousand rupees (or other amount authorized by Tribunal) in cash for more than ten days without showing satisfactory reason.
  • Severe Penal Surcharge and Sanctions: Retaining excess cash beyond ten days attracts personal liability to pay interest at twelve percent per annum, forfeiture or reduction of remuneration, removal from office, and liability for all resulting expenses.
Key Landmark Precedents:
  • Official Liquidator v. V.M. Rao, (1993) 76 Comp Cas 134 (Mad): Held that the statutory surcharge of 12% per annum on unauthorized retention of liquidation funds is mandatory and operates automatically upon the liquidator's unjustified failure to bank collections.
  • Registrar of Companies v. Standard Synthetics (P) Ltd., (2001) 104 Comp Cas 332 (Del): Held that a liquidator who withholds corporate funds from the statutory bank account commits a grave breach of fiduciary duty justifying immediate removal and surcharge.
  • Re: Morely's Settlement, (1852) 10 Hare 293: Established the foundational fiduciary principle that a liquidator or trustee holding estate monies without banking them must be surcharged with statutory penal interest.
Courtroom Practice & Strategic Litigation Guidance:

In monitoring liquidators, creditors' committees should demand monthly bank statements of the dedicated scheduled bank account. If an insolvency professional / liquidator retains significant liquidation auction receipts in cash or unapproved accounts beyond 10 days, file an application under Section 350 for immediate 12% interest surcharge and removal.