British Assets Trust, Ltd, Petitioners [1913] ScotLR 454 (19 February 1913)

British Assets Trust, Ltd, Petitioners [1913] ScotLR 454 (19 February 1913)

The Court held that advertisement of the petition was unnecessary as the re-organisation did not affect the amount of capital or creditors' rights, and ordered intimation as craved.

Citation
[1913] ScotLR 454
Parties
Petitioner: British Assets Trust, Limited
Jurisdiction
Scotland
Judgment Date
19 February 1913
Procedural Posture
Petition for Confirmation of Special Resolutions Under Companies Consolidation Act 1908, Section 45 / Motion for Intimation of Petition Without Advertisement
Outcome
Petition granted as craved for intimation without advertisement.
Legal Topics
Re Organisation of Share Capital, Confirmation of Special Resolutions, Intimation of Petition, Advertisement Requirements
Company Law Re Organisation of Share Capital Confirmation of Special Resolutions Intimation of Petition Advertisement Requirements

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Parties

British Assets Trust, Limited

Petitioner

Procedural Posture

Petition for Confirmation of Special Resolutions Under Companies Consolidation Act 1908, Section 45 / Motion for Intimation of Petition Without Advertisement

Legal Issues

  1. 1 Whether advertisement of a petition for re-organisation of share capital under section 45 of the Companies Consolidation Act 1908 is necessary

Ratio Decidendi

The Court held that advertisement of the petition was unnecessary as the re-organisation did not affect the amount of capital or creditors' rights, and ordered intimation as craved.

Court Disposition

Petition granted as craved for intimation without advertisement.

Orders

  • Intimation of the petition ordered as craved (on the walls and in the minute book) without advertisement.