Question

As per the provisions of the Companies Act when is an unregistered company deemed to be unable to pay its debts?

A If a creditor, by assignment or otherwise, to whom the company is indebted in a sum exceeding one lakh rupees then due, has served on the company, a demand requiring the company to pay the sum so due, and the company has, for thirteen weeks after the service of the demand, neglected to pay the sum or to secure or compound for it to the satisfaction of the creditor
B If any suit or other legal proceeding has been instituted against any member for any debt or demand due, or claimed to be due, from the company and the company has not, within ten days after service of the notice paid, secured or compounded for the debt or demand
C If it is otherwise proved to the satisfaction of the Tribunal that the company is unable to pay its debts
D Both b & c
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