Full text: Secretarial practice

-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-
	        
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