Question

On an application made to ______________by the company, a company limited by shares or limited by guarantee and having a share capital may, by a special resolution, reduce the share capital

A NCLAT Correct Answer Incorrect Answer
B Tribunal Correct Answer Incorrect Answer
C Central Government Correct Answer Incorrect Answer
D Registrar of companies Correct Answer Incorrect Answer

Solution

Companies Act Section 66 Reduction of share capital- (1) Subject to confirmation by the Tribunal on an application by the company, a company limited by shares or limited by guarantee and having a share capital may, by a special resolution, reduce the share capital in any manner and in, particular, may— (a) extinguish or reduce the liability on any of its shares in respect of the share capital not paid-up; or (b) either with or without extinguishing or reducing liability on any of its shares,— (i) cancel any paid-up share capital which is lost or is unrepresented by available assets; or (ii) pay off any paidup share capital which is in excess of the wants of the company, alter its memorandum by reducing the amount of its share capital and of its shares accordingly: Provided that no such reduction shall be made if the company is in arrears in the repayment of any deposit accepted by it, either before or after the commencement of this Act, or the interest payable thereon.

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