The Don Fishing Co., Ltd, and Reduced, Petitioners [1916] ScotLR 399 (25 February 1916)

The Don Fishing Co., Ltd, and Reduced, Petitioners [1916] ScotLR 399 (25 February 1916)

The Court confirmed the reduction of capital as resolved by special resolution, approved the minute, dispensed altogether with the use of 'and reduced' as part of the company's name, and directed advertisement of the registration in specified publications, following established practice and statutory provisions.

Citation
[1916] ScotLR 399
Parties
Petitioner: The Don Fishing Company, Limited, and Reduced
Jurisdiction
Scotland
Judgment Date
25 February 1916
Procedural Posture
Petition for Confirmation of Reduction of Share Capital / Final Order on Petition
Outcome
Petition granted
Legal Topics
Reduction of Share Capital, Company Name, Court Confirmation, Advertisement of Registration
Company Law Reduction of Share Capital Company Name Court Confirmation Advertisement of Registration

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 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Don Fishing Company, Limited, and Reduced

Petitioner

Procedural Posture

Petition for Confirmation of Reduction of Share Capital / Final Order on Petition

Legal Issues

  1. 1 Whether the Court should confirm the reduction of share capital by extinguishing uncalled liability per share
  2. 2 Whether the Court should dispense with the use of 'and reduced' as part of the company's name
  3. 3 What form of advertisement of the registration should be ordered

Ratio Decidendi

The Court confirmed the reduction of capital as resolved by special resolution, approved the minute, dispensed altogether with the use of 'and reduced' as part of the company's name, and directed advertisement of the registration in specified publications, following established practice and statutory provisions.

Court Disposition

Petition granted

Orders

  • Reduction of capital confirmed as per special resolution
  • Minute of reduction approved