Directions for filing statement of affairs
Section 274 of the Companies Act, 2013 deals with directions for filing statement of affairs. Where a petition for winding up is filed before the Tribunal by any person other than the company, the Tribunal shall, if satisfied that a prima facie case for winding up of the company is made out, by an order direct the company to file its objections along with a statement of its affairs within th The Act came into force on 01 Apr 2014.
(1) Where a petition for winding up is filed before the Tribunal by any person other than the company, the Tribunal shall, if satisfied that a prima facie case for winding up of the company is made out, by an order direct the company to file its objections along with a statement of its affairs within thirty days of the order in such form and in such manner as may be prescribed:
Provided that the Tribunal may allow a further period of thirty days in a situation of contingency or special circumstances:
Provided further that the Tribunal may direct the petitioner to deposit such security for costs as it may consider reasonable as a precondition to issue directions to the company.
(2) A company, which fails to file the statement of affairs as referred to in sub-section (1), shall forfeit the right to oppose the petition and such directors and officers of the company as found responsible for such non-compliance, shall be liable for punishment under sub-section (4).
(3) The directors and other officers of the company, in respect of which an order for winding up is passed by the Tribunal under clause (d) of sub-section (1) of section 273, shall, within a period of thirty days of such order, submit, at the cost of the company, the books of account of the company completed and audited up to the date of the order, to such liquidator and in the manner specified by the Tribunal.
(4) If any director or officer of the company contravenes the provisions of this section, the director or the officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with both.
(5) The complaint may be filed in this behalf before the Special Court by Registrar, provisional liquidator, Company Liquidator or any person authorised by the Tribunal.
Section 274, The Companies Act, 2013 (Act 18 of 2013).
Cross-references
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This section refers to
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… J This writ petition has been filed by way of Public Interest Litigation seeking the following reliefs: "i) To issue a Writ of Quo-Warranto requiring 5 th respondent to show any right to hold the office as the Chairman of Kerala State Welfare Corporation for Forward Communities Ltd by virtue of section 274(d) of Companies Act as conviction and sentence in crime of corruption with moral turpitude is within 5 years time. ii) Call forth all records leading to issuance of Articles of Association and struck down its clause 30(2) enabling chairman and non official members and substitute persons of economically backward …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 274
What does Section 274 of the Companies Act deal with?
Section 274 of the Companies Act is headed "Directions for filing statement of affairs". Where a petition for winding up is filed before the Tribunal by any person other than the company, the Tribunal shall, if satisfied that a prima facie case for winding up of the company is made out, by an order direct the company to file its objections along with a statement of its affairs within th
How do I find court cases under Section 274 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 274, section 274 Companies Act, section 274 of the Companies Act. People searching for it also type companies act 2006 section 274. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 274 of the Companies Act, and has it changed?
Its own text turns on section 273 (Powers of Tribunal), so none of them can safely be read on its own. One instrument names it without being made under it, most recently Companies (winding up) Rules 2020 (2020).
When did Section 274 of the Companies Act come into force?
Section 274 of the Companies Act, cited as Companies Act 274, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.