363 
SECRETARIAL PRACTICE 
every person who was a member of the company at the 
date of the registration of the order for reduction and 
minute, shall be liable to contribute for the payment of 
that debt or claim an amount not exceeding the amount 
which he would have been liable to contribute if the com- 
pany had commenced to be wound up on the day before 
the said date; and 
if the company is wound up, the court, on the application 
of any such creditor and proof of his ignorance as aforesaid, 
may, if it thinks fit, settle accordingly a list of persons so 
liable to contribute, and make and enforce calls and orders 
on the contributories settled on the list, as if they were 
ordinary contributories in a winding up. 
(2) Nothing in this section shall affect the rights of the con- 
tributories among themselves. 
Penalty on cons 60. If any director, manager, secretary or other officer of the 
name of creditor, COMPpany— 
(1) wilfully conceals the name of any creditor entitled to 
object to the reduction; or 
2) wilfully misrepresents the nature or amount of the debt 
or claim of any creditor; or 
(3) aids, abets or is privy to any such concealment or mis- 
representation as aforesaid, 
he shall be guilty of a misdemeanour. 
Variation of Shareholders’ Righis. 
Rights of holders 
of special classes 
of shares. 
61.—(1) If in the case of a company, the share capital of which 
is divided into different classes of shares, provision is made by the 
memorandum or articles for authorising the variation of the rights 
attached to any class of shares in the company, subject to the 
consent of any specified proportion of the holders of the issued 
shares of that class or the sanction of a resolution passed at a separate 
meeting of the holders of those shares, and in pursuance of the 
said provision the rights attached to any such class of shares are 
at any time varied, the holders of not less in the aggregate than 
fifteen per cent. of the issued shares of that class, being persons 
who did not consent to or vote in favour of the resolution for the 
variation, may apply to the court to have the variation cancelled, 
and, where any such application is made, the variation shall not have 
effect unless and until it is confirmed by the court. 
(2) An application under this section must be made within 
seven days after the date on which the consent was given or the 
resolution was passed, as the case may be, and may be made on 
behalf of the shareholders entitled to make the application by such 
one or more of their number as they may appoint in writing for the 
purpose.