Representation of WPP Plc [2013] JRC 031 (07 February 2013)

Representation of WPP Plc [2013] JRC 031 (07 February 2013)

Where a reduction of capital involves transferring funds from a share premium account to a reserve of profit, and distributions from both accounts are subject only to the solvency statement, creditor protection measures are not required as creditors cannot be prejudiced; the court will confirm the reduction if satisfied on this point.

Citation
[2013] JRC 031
Parties
Applicant: WPP plc
Jurisdiction
Jersey
Judgment Date
07 February 2013
Procedural Posture
Company Law Application / Application for Court Confirmation of Reduction of Capital
Outcome
application granted
Legal Topics
Reduction of Capital, Creditor Protection, Share Premium Account, Distributions, Solvency Statement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 1 Amounts and remedies 2
Sign in to unlock

Parties

WPP plc

Applicant

Procedural Posture

Company Law Application / Application for Court Confirmation of Reduction of Capital

  1. 1 Whether the court should confirm a reduction of capital involving transfer from share premium account to reserve of profit
  2. 2 Whether creditor protection measures are required post-2008 amendments to Jersey law

Ratio Decidendi

Where a reduction of capital involves transferring funds from a share premium account to a reserve of profit, and distributions from both accounts are subject only to the solvency statement, creditor protection measures are not required as creditors cannot be prejudiced; the court will confirm the reduction if satisfied on this point.

Court Disposition

application granted

Orders

  • Reduction of capital confirmed as proposed
  • Minute showing revised share capital approved