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The Companies Act, 2013

Chapter XX - Winding Up (270 - 365)

Section 286- Obligations of directors and managers.

Section 286 notified with effect from 15.12.2016 vide S.O. 3676 (E) dated 07.12.2016]

Section 286- Obligations of directors and managers. [Corresponds to Section 427 of the Companies Act, 1956]

In the case of a limited company, every person who is or has been a  director or manager, whose liability is unlimited under the provisions of this Act, shall, in addition to his liability, if any, to contribute as an ordinary member, be liable to make a further contribution as if he were at the commencement of winding up, a member of an unlimited company:

Provided that —

(a) a person who has been a director or manager shall not be liable to make such further contribution, if he has ceased to hold office for a year or upwards before the commencement of the winding up;

(b) a person who has been a director or manager shall not be liable to make such further contribution in respect of any debt or liability of the company contracted after he ceased to hold office;

(c) subject to the articles of the company, a director or manager shall not be liable to make such further contribution unless the Tribunal deems it necessary to require the contribution in order to satisfy the debts and liabilities of the company, and the costs, charges and expenses of the winding up.