Page 205 - Microsoft Word - 00 Prelims.docx
P. 205

Capital and financing




               Procedure for public companies:


                                               Pass a special resolution

                                  Apply to the court to confirm the special resolution.



                     If reduction involves one of the first two methods above, court must require
                                 company to settle a list of creditors entitled to object.



                 The court must not confirm the reduction until it is satisfied that all creditors have
                     either consented to the reduction or had their debts discharged or secured.



                    The company must file documents with the Registrar. If the share capital of a
                   public company falls below £50,000, it must re-register as a private company.


               Simplified procedure for private companies:



                            Pass a special resolution supported by a solvency statement.


                  The solvency statement is a statement by each of the directors that the company
                                will be able to meet its debts within the following year.


                  A solvency statement made without reasonable grounds is an offence punishable
                                             by fine and/or imprisonment.



                  Copies of the resolution, solvency statement and a statement of capital must be
                                        filed with the Registrar within 15 days.



















                                                                                                      201
   200   201   202   203   204   205   206   207   208   209   210