ICAEW BL · Chapter 9 · Question 10 of 10
Ashby plc, a public company, wants to reduce its share capital to eliminate accumulated losses. Under the Companies Act 2006, what must it do?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: A) Pass a special resolution and obtain the court's confirmation of the reduction
Explanation
Under s641 Companies Act 2006, a company limited by shares may reduce its share capital by special resolution confirmed by the court. Only a private company has the alternative of a special resolution supported by a solvency statement made by all the directors, without going to court (s641(1)(a) and s642). Ashby plc is a public company, so it must use the court route, where the court considers the interests of creditors. An ordinary resolution or a board resolution is never sufficient.
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