G. Mackay & Co., Ltd and Reduced Petitioners [1914] ScotLR 64 (17 November 1914)

G. Mackay & Co., Ltd and Reduced Petitioners [1914] ScotLR 64 (17 November 1914)

The Court declined to dispense with intimation and advertisement, holding that even in the case of a private family company, the statutory requirements for intimation and advertisement must be followed.

Citation
[1914] ScotLR 64
Parties
Petitioner: G. Mackay & Company, Limited and Reduced
Jurisdiction
Scotland
Judgment Date
17 November 1914
Procedural Posture
Petition for Confirmation of Reduction of Capital / Application for Dispensation With Intimation and Advertisement
Outcome
Petition for dispensation refused; intimation and advertisement ordered in the usual form.
Legal Topics
Reduction of Share Capital, Intimation and Advertisement Requirements, Private Company Procedures
Company Law Civil Procedure Reduction of Share Capital Intimation and Advertisement Requirements Private Company Procedures

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Parties

G. Mackay & Company, Limited and Reduced

Petitioner

Procedural Posture

Petition for Confirmation of Reduction of Capital / Application for Dispensation With Intimation and Advertisement

Legal Issues

  1. 1 Whether the Court should dispense with intimation and advertisement of a petition for reduction of capital in a private family company

Ratio Decidendi

The Court declined to dispense with intimation and advertisement, holding that even in the case of a private family company, the statutory requirements for intimation and advertisement must be followed.

Court Disposition

Petition for dispensation refused; intimation and advertisement ordered in the usual form.

Orders

  • Intimation and advertisement of the petition to be made in the usual form.