1. The Official Liquidator shall, if he is satisfied that the company is finally wound up, submit a final report to:—
i. the Central Government, in case no reference was made to the Tribunal under sub-section (4 ) of section 364; and
ii. in any other case, the Central Government and the Tribunal.
2. The Central Government, or as the case may be, the Tribunal on receipt of such report shall order that the company be dissolved.
3. Where an order is made under sub-section (2 ), the Registrar shall strike off the name of the company from the register of companies and publish a notification to this effect.
Legal Commentary & Landmark Judgments: Section 365
Section 365 of the Companies Act, 2013 provides for the final dissolution of a company wound up under summary liquidation, requiring the Official Liquidator's final report to the Central Government and resultant striking-off by the Registrar.
Before the Central Government passes a Section 365 dissolution order, verify whether any actionable assets, bank deposits, or tax refunds remain unclaimed. Once the RoC strikes the name off, remedies are limited to moving an application under Section 356 within two years to declare the dissolution void.