Companies Act 1967 · 2020 Revised Edition · Part 4 · Shares, Debentures and Charges
78I. Court order approving reduction
Official textFrom Singapore Statutes Online, unchanged
On an application by a company under section 78G(1), the Court may, subject to subsection (2), make an order approving the reduction in share capital unconditionally or on such terms and conditions as it thinks fit.
company
“company” means a company incorporated under this Act or under any corresponding previous written law;
If, at the time the Court considers the application, there is a qualifying creditor within the meaning of section 78H —
who is included in the Court’s list of qualifying creditors under that section; and
whose claim has not been terminated or whose debt has not been discharged,the Court must not make an order approving the reduction unless satisfied, as respects each qualifying creditor, that —
the qualifying creditor has consented to the reduction;
the qualifying creditor’s debt or claim has been secured or the qualifying creditor has other adequate safeguards for it; or
security or other safeguards are unnecessary in view of the assets the company would have after the reduction.
Where an order is made under this section approving a company’s reduction in share capital, the company must (for the reduction to take effect) lodge with the Registrar —
share
“share” means share in the share capital of a corporation and includes stock except where a distinction between stocks and shares is expressed or implied;
a copy of the order; and
a notice containing the reduction information,within 90 days beginning with the date the order is made, or within such longer period as the Registrar may, on the application of the company and on receiving the prescribed fee, allow.
Terms defined in s 4
company
Defined · s 4“company” means a company incorporated under this Act or under any corresponding previous written law;
Registrar
Defined · s 4“Registrar” means the Registrar of Companies appointed under this Act and includes any Deputy or Assistant Registrar of Companies;
share
Defined · s 4“share” means share in the share capital of a corporation and includes stock except where a distinction between stocks and shares is expressed or implied;
Part 5
Management and Administration
Part 6
Financial Statements and Audit
Part 7
Arrangements, Reconstructions and Amalgamations
Part 8
Part 8A
Part 9
Investigations
Part 10
Dissolution
Part 10A
Transfer of Registration
Part 11
Various Types of Companies, Etc.
Part 11A
Register of Controllers, Nominee Directors and Nominee Shareholders of Companies
Part 12