Importance of Deficiency Account in Case of Liquidation of A Company
Importance of Deficiency Account in Case of Liquidation of A Company
A.Y 2021-22
Submitted by:
Full Names of SAP ID Div Roll Contact Content Contributed
the Learners Number No Number
1. Zeel Vipul 45208190622 C091 8169913933 Items Contributing to
Deficiency/Reducing
Satvara
Surplus
TABLES OF CONTENT
Sr Content Page No. Disclosure Of
No. Name
1. Introduction 2 Aayushi
9. Conclusion 9 Ami
10. Bibliography 10 -
PAGE 1
AAYUSHI SHAH C092
INTRODUCTION
A company comes into being through a legal procedure and also comes to an end by law.
Liquidation is the legal procedure by which the company comes ceases. Since, a company
being a creation of law cannot die a natural death. A company, when found needful, can be
liquidated.
STATEMENT OF AFFAIRS
In case of winding up by NCLT, Section 272(5) of the Companies Act, 2013 provides that a
petition presented by the company for winding up before the NCLT shall be admitted only if
accompanied by a SOA in such form and in such manner as may be prescribed.
In accordance with Section 274(1), where a petition for winding up is filed before the NCLT
by any person other than the company, the NCLT shall, if satisfied that an apparent 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 30 days of the order in such form and in such
manner as may be prescribed. The NCLT may allow a further period of 30 days in a situation
of contingency or special circumstances. The broad aspects on which the SOA is prepared are
the following:
1. Including the assets on which there is no fixed charge at the value they are expected to
gain i.e. includes calls in arrear but not uncalled capital.
2. Including the assets on which there is a fixed charge. The amount expected to be
gained would be compared with the amount due to the creditor concerned. Any excess
is to be extended to the other column. A deficit is to be added to unsecured creditors.
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AAYUSHI SHAH C092
3. The total of assets in point (1) and any surplus from assets mentioned in point (2) is
available for all the creditors (except secured creditors already covered by specifically
mortgaged assets).
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AAYUSHI SHAH C092
4. From the total assets available, the following should be deducted one by one:-
(i) Preferential creditors,
(ii) Debentures having a floating charge, and
(iii) Unsecured creditors.
If a negative balance emerges, there would be deficiency as regards creditors,
otherwise there would be a surplus.
5. The amount of aggregate paid-up capital (giving details of all classes of shares) should
be added and the figure emerging will be deficiency or surplus as regards members.
List A: Entire particulars of every narration of property that is not specifically pledged
and that does not included in any other list are to be set forth in this list.
List B: Assets specifically pledged and creditors fully or partially secured.
List C: Preferential creditors for rates, taxes, wages, salaries and otherwise.
List D: List of debenture-holders who are secured by a floating charge.
List E: Unsecured creditors.
List F: List of preference shareholders.
List G: List of equity shareholders.
List H: Deficiency or surplus account.
DEFICIENCY ACCOUNT
The official liquidator will specify a date for period (minimum 3 years) commencing with the
date on which information is supplied for preparation of an account to explain the deficiency
or surplus. On that date, either assets would be more than capital plus liabilities, that is, there
would be a reserve or there would be a deficit or debit balance in the Profit and Loss Account.
The Deficiency account includes of two parts:
1. The initial part starts with the deficit (on the given date) and contains every item that
increases deficiency (or reduces surplus such as losses, dividends etc.).
2. The second part commences with the surplus on the given date and includes all
profits. If the aggregate of the first exceeds that of the second, there would be a
deficiency to the extent of the difference, and if the total of the second part is more
than that of the first, there would be a surplus.
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AAYUSHI SHAH C092
PAGE 3
AKSHAT SHAH C093
Before a company enters voluntary winding up, besides the statement of affairs, a pack of
explanatory information will also be given to creditors. This information will include a
reconciliation of the posture between the last set of published accounts and the statement of
affairs, known as the deficiency account. Here we will have a look over at how deficiency
account is prepared and how it is used to investigate whether wrongful trading has taken
place.
Even after liquidation, a company has an urge to know the area due to which surplus reduced
over a period of time deficiency account helps to understand:
whether we contributed to deficiency or contributed in reducing surplus,
whether surplus reduced due to dividend distribution or provision creation,
whether the loss was trading loss or other than trading loss,
whether there was any asset devaluation or existence of contingent liability,
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AKSHAT SHAH C093
whether profit generated by a company was sufficient for losses other than operational
losses,
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AKSHAT SHAH C093
whether there was any item or product generating surplus throughout the downgrading
period of time, or
whether there was any asset appreciation.
This understanding gained by the help of deficiency account and helps the promoters of the
company to look at these perspectives in case they will to commence any other new
company or join hands with existing companies.
Apart from the people related to the company it also helps general public to analyze a
company in detail even after liquidation and helps them to make decision whether to hold
investments, drawback their investments or avoid incremental investments in companies
performing in similar manner prior to its liquidation.
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ZEEL SATVARA C091
2. The period (from end of financial year to the date of statement of affair) when net dividend
and bonus is declared:
Dividend and bonus are declared by the company on regular basis as returns to
shareholders.
This dividend and bonus declared during the year reduces the profit of the company and
hence ends up contributing to deficiency account.
4. Losses written off or for which provision has been made in the books during the same
period, other than trading losses:
Excess of expenses over income leads to losses, such losses that relates to indirect
processes are losses other than trading which contributes to the deficiency account. For
example: loss by fire.
Provisions are created from the profits available with the company and hence reduces the
surplus of the company.
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BHAVYA SHAH C095
3. Profit and income other than trading profit during the same period
This are profit arising from not ordinary activity of business like sale of investment. This
type of profit helps to reduce deficiency and increase surplus
Profit on realization of any assets is one example.
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AMI SHAH C094
(Rs in ‘000)
(6010)
IV) Items reducing deficiency
5. Estimated profit on sale of land and building 200
DEFICIENCY AS SHOWN BY STATEMENT OF (5810)
AFFAIRS
As we know, the deficiency A/c gives an estimate of the loss on liquidation that the
creditors and the shareholders will have to bear and the reasons for such deficiency. In
the given case, the deficiency a/c starts with loss according to last financial statements.
This shows that the company was already incurring losses before it started the voluntary
liquidation process.
Items that produce a loss to the company as a direct result of the company's insolvency
are noted after the initial deduction has been made. These items are explicitly accounted
for in demonstrating the difference between the last accounts and the statement of affairs
since they arise solely as a result of the insolvency. Some examples can be found in the
narrative above, but others include:
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AAYUSHI SHAH C092
The difference between the book value of the company's assets and the expected to
realise value in the statement of affairs is the final adjustment on the deficit account. If a
corporation goes into voluntary liquidation without being able to sell the firm, its assets
are likely to be sold on a breakup basis, lowering its value.
CONCLUSION
In simple terms the deficiency a/c is a mere reconciliation between the last set of
published financial statements and the statement of affairs.
The deficiency A/c starts with financial statements of company a minimum of 3 years
prior to liquidation. This gives the shareholders a holistic view of the affairs of company
at a glance.
The List H deficiency a/c is simple in terms of format and hence is easy for a layman to
understand. One does not need accounting knowledge to understand it.
1.
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BIBLIOGRAPHY
https://books.google.com/books?id=w8tFEAAAQBAJ
https://www.scribd.com/document/434569737/RTP/http://dcac.du.ac.in/documents/E-
Resource/2020/Metrial/429kishor1.pdf
https://blog.ipleaders.in/understanding-liquidation-process-company/
https://www.icai.org/post.html?post_id=16961
http://dcac.du.ac.in/documents/E-Resource/2020/Metrial/429kishor1.pdf
https://ca2013.com/274-directions-for-filing-statement-of-affairs/
https://www.coursehero.com/file/123603302/66645bos53803-cp7pdf//
https://www.businessrescueexpert.co.uk/what-is-a-deficiency-account/
http://www.svtuition.org/2011/09/deficiency-account-bankruptcy.html/
https://books.google.com/books?id=x09REAAAQBAJ
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