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Banking Regulation Act, 1949 · Section guide

Section 41: Preliminary report by official liquidator

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 41 — Preliminary report by official liquidator. Requires the official liquidator’s preliminary report on assets/liabilities and specified matters within the statutory framework so. the High Court can direct the next steps in administration.

Official statute linkedProvision-specific anatomyPractical case + evidence file
Official text: DFS consolidated Act

Statutory structure and provision map

This map is a provision-specific explanation, not a substitute for the exact statutory text.

Core statutory rule

Requires the official liquidator’s preliminary report on assets/liabilities and specified matters within the statutory framework so the High Court can direct the next steps in administration.

Condition / limitation

How to read the provisionSection 41: read the operative proposition with its defined terms and cross-references in the official Act.

Timing / amount / process

Boundary of the ruleDo not expand Section 41 by analogy; distinguish statutory text from stricter policy or later RBI requirements.

Professional application

State the two-month report requirement, contents and extension/operative conditions, verified against the provision.

Evidence / working-paper checklist

  • Section 41 evidence: High Court/Central Government/RBI order initiating the process.
  • Section 41 evidence: liquidator/scheme records and creditor/debtor lists.
  • Section 41 evidence: service/publication and statutory-timeline evidence.
  • Section 41 evidence: orders settling claims, calls, transfers, moratorium or amalgamation.

Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.

Common mistakes to avoid

  • For Section 41, avoid applying ordinary Companies Act procedure without the banking-specific override.
  • For Section 41, avoid missing the special limitation or accelerated filing period.
  • For Section 41, avoid treating a private scheme as effective before the statutory sanction/order.

Current-law source control

Source control: Section 41 is anchored to the official DFS consolidated text; later changes require separate Gazette verification.

Dated matters: verify any later Gazette, RBI direction or binding judgment affecting Section 41 on the event date.

Disclaimer

This Finin2min page is an educational and professional reference. Banking regulation is fact-, entity- and date-sensitive. Verify the current Act, Gazette amendments and commencement notifications, applicable RBI Rules/directions and the transaction record before acting or filing.