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Legislation
Companies Act 2006

Crossheading Requirements for payment out of capital

  • Section 713 Requirements for payment out of capital
  • Section 714 Directors' statement and auditor's report
  • Section 715 Directors' statement: offence if no reasonable grounds for opinion
  • Section 716 Payment to be approved by special resolution
  • Section 717 Resolution authorising payment: exercise of voting rights
  • Section 718 Resolution authorising payment: disclosure of directors' statement and auditor's report
  • Section 719 Public notice of proposed payment
  • Section 720 Directors' statement and auditor's report to be available for inspection
  1. Requirements for payment out of capital
  2. Public notice of proposed payment

Section 719 | Public notice of proposed payment

From legislation.gov.uk

(1)Within the week immediately following the date of the resolution under section 716 the company must cause to be published in the Gazette a notice—

(a)stating that the company has approved a payment out of capital for the purpose of acquiring its own shares by redemption or purchase or both (as the case may be),

(b)specifying—

(i)the amount of the permissible capital payment for the shares in question, and

(ii)the date of the resolution,

(c)stating where the directors' statement and auditor's report required by section 714 are available for inspection, and

(d)stating that any creditor of the company may at any time within the five weeks immediately following the date of the resolution apply to the court under section 721 for an order preventing the payment.

(2)Within the week immediately following the date of the resolution the company must also either—

(a)cause a notice to the same effect as that required by subsection (1) to be published in an appropriate national newspaper, or

(b)give notice in writing to that effect to each of its creditors.

(3)“An appropriate national newspaper” means a newspaper circulating throughout the part of the United Kingdom in which the company is registered.

(4)Not later than the day on which the company—

(a)first publishes the notice required by subsection (1), or

(b)if earlier, first publishes or gives the notice required by subsection (2),

the company must deliver to the registrar a copy of the directors' statement and auditor's report required by section 714.

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