El comercio y los comerciantes

Bibliographic data

Monograph

Identifikator:: 870662961

URN:: urn:nbn:de:zbw-retromon-49543

Document type:: Monograph

Author:: Guyot, Yves; Urbano, Rafael

Title:: El comercio y los comerciantes

Place of publication:: Madrid

Publisher:: Jorro

Year of publication:: 1914

Scope:: 1 Online-Ressource (VII, 557 Seiten)

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Libro Primero - Los principios y el carácter del cambio

Collection:: Economics Books

-s 7 SECRETARIAL PRACTICE Every creditor of the company who at the date fixed by the court is entitled to any debt or clair which, if that date were the commencement of the winding up of the company, would be admissible in proof against the company, shall be entitled to object to the reduction: The court shall settle a list of creditors so entitled to object, and for that purpose shall ascertain, as far as possible without requiring an application from any creditor, the names of those creditors and the nature and amount of their debts or claims, and may publish notices fixing a day or days within which creditors not entered on the list are to claim to be so entered or are to be excluded from the right of objecting to the reduction: Where a creditor entered on the list whose debt or claim is not discharged or has not determined does not consent to the reduction, the court may, if it thinks fit, dispense with the consent of that creditor, on the company securing payment of his debt or, claim by appropriating, as the court may direct, the following amount: — (i) If the company admits the full amount of the debt or claim, or, though not admitting it, is willing to provide for it, then the full amount of the debt or claim; (ii) If the company does not admit and is not willing to provide for the full amount of the debt or claim, or if the amount is contingent or not ascertained, then an amount fixed by the court after the like inquiry and adjudication as if the company were being wound up bv the court. (a) ) ) (3) Where a proposed reduction of share capital involves either the diminution of any liability in respect of unpaid share capital or the payment to any shareholder of any paid-up share capital, the court may, if having regard to any special circumstances of the case it thinks proper so to do, direct that subsection (2) of this section shall not apply as regards any class or any classes of creditors. Order confirming 57.—(1) The court, if satisfied, with respect to every creditor of eon md + the company who under the last foregoing section is entitled to on making such object to the reduction, that either his consent to the reduction has oetder, been obtained or his debt or claim has been discharged or has determined, or has been secured, may make an order confirming the reduction on such terms and conditions as it thinks fit. (2) Where the court makes any such order, it may— (a) if for any special reason it thinks proper so to do, make an order directing that the company shall, during such period, commencing on or at any time after the date of the order, as is specified in the order, add to its name as the last words thereof the words “and reduced’; and make an order requiring the company to publish as the court directs the reasons for reduction or such other in-

Access restriction

Copyright

fullscreen: El comercio y los comerciantes

Monograph

Chapter

Table of contents

Download

Monograph

This page

Image fragment

Citation links

Citation recommendation