Reduction of share capital: Tribunal confirmation allows creditor objections and may secure payment to dispense consent. A company that resolves to reduce share capital may petition the Tribunal for confirmation; where the reduction diminishes unpaid liability or entails payments to shareholders the Tribunal will allow creditors who would be admissible in a winding-up to object and will settle a list of such creditors by inquiry and notice. The Tribunal may dispense with a non-consenting creditor's consent if the company secures payment by appropriating an amount-either the full admitted amount or an amount fixed by the Tribunal after inquiry analogous to winding-up proceedings-and may exempt specified creditor classes in special circumstances.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Reduction of share capital: Tribunal confirmation allows creditor objections and may secure payment to dispense consent.
A company that resolves to reduce share capital may petition the Tribunal for confirmation; where the reduction diminishes unpaid liability or entails payments to shareholders the Tribunal will allow creditors who would be admissible in a winding-up to object and will settle a list of such creditors by inquiry and notice. The Tribunal may dispense with a non-consenting creditor's consent if the company secures payment by appropriating an amount-either the full admitted amount or an amount fixed by the Tribunal after inquiry analogous to winding-up proceedings-and may exempt specified creditor classes in special circumstances.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.