C2C1Part 17A company's share capital

Annotations:
Modifications etc. (not altering text)
C2

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

Chapter 10Reduction of share capital

Reduction of capital confirmed by the court

I1649Registration of order and statement of capital

1

The registrar, on F6the delivery of a copy of a court order confirming the reduction of a company’s share capital and of a statement of capital (approved by the court), shall register the order and statement.

This is subject to section 650 (public company reducing capital below authorised minimum).

2

The statement of capital must state with respect to the company's share capital as altered by the order—

a

the total number of shares of the company,

b

the aggregate nominal value of those shares,

F4ba

the aggregate amount (if any) unpaid on those shares (whether on account of their nominal value or by way of premium), and

c

for each class of shares—

i

prescribed particulars of the rights attached to the shares,

ii

the total number of shares of that class, and

iii

the aggregate nominal value of shares of that class, F3...

F3d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The resolution for reducing share capital, as confirmed by the court's order, takes effect—

a

in the case of a reduction of share capital that forms part of a compromise or arrangement sanctioned by the court under Part 26 (arrangements and reconstructionsF1: general)—

i

on delivery of the order and statement of capital to the registrar, or

ii

if the court so orders, on the registration of the order and statement of capital;

F5aa

in the case of a reduction of share capital that forms part of a compromise or arrangement sanctioned by the court under Part 26A (arrangements and reconstructions: companies in financial difficulty)—

i

in the case of any company other than one to which sub-paragraph (ii) applies, on delivery of the order and statement of capital to the registrar;

ii

in the case of an overseas company that is not required to register particulars under section 1046, on publication of the order and statement of capital in the Gazette;

iii

in either case, if the court so orders, on the registration of the order and statement of capital;

b

in F2any case not falling within paragraph (a) or (aa), on the registration of the order and statement of capital.

4

Notice of the registration of the order and statement of capital must be published in such manner as the court may direct.

5

The registrar must certify the registration of the order and statement of capital.

6

The certificate—

a

must be signed by the registrar or authenticated by the registrar's official seal, and

b

is conclusive evidence—

i

that the requirements of this Act with respect to the reduction of share capital have been complied with, and

ii

that the company's share capital is as stated in the statement of capital.