C1Part 17A company's share capital

Annotations:
Modifications etc. (not altering text)

Chapter 10Reduction of share capital

Private companies: reduction of capital supported by solvency statement

642Reduction of capital supported by solvency statement

1

A resolution for reducing share capital of a private company limited by shares is supported by a solvency statement if—

a

the directors of the company make a statement of the solvency of the company in accordance with section 643 (a “solvency statement”) not more than 15 days before the date on which the resolution is passed, and

b

the resolution and solvency statement are registered in accordance with section 644.

2

Where the resolution is proposed as a written resolution, a copy of the solvency statement must be sent or submitted to every eligible member at or before the time at which the proposed resolution is sent or submitted to him.

3

Where the resolution is proposed at a general meeting, a copy of the solvency statement must be made available for inspection by members of the company throughout that meeting.

4

The validity of a resolution is not affected by a failure to comply with subsection (2) or (3).