Ex parte Barbarons Maritime Limited (XP 17 of 2022) [2022] SCSC 162 (28 February 2022)

Ex parte Barbarons Maritime Limited (XP 17 of 2022) [2022] SCSC 162 (28 February 2022)

The court is satisfied that the reduction of share capital and the proposed payments have been properly authorized, comply with the Companies Act and the Memorandum of Association, and do not prejudice any shareholder or creditor.

Citation
[2022] SCSC 162
Parties
Petitioner: Barbarons Maritime Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 February 2022
Case Number
XP 17 of 2022
Procedural Posture
Company Law Petition / Ex Parte Application for Confirmation of Share Capital Reduction
Outcome
petition granted
Legal Topics
Reduction of Share Capital, Confirmation of Company Resolutions, Distribution of Surplus Capital
Source Language
English

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Parties

Barbarons Maritime Limited

Petitioner

Procedural Posture

Company Law Petition / Ex Parte Application for Confirmation of Share Capital Reduction

  1. 1 Whether the reduction of share capital complies with the Companies Act and the company's Memorandum of Association
  2. 2 Whether the reduction and payments would prejudice any shareholder or creditor

Ratio Decidendi

The court is satisfied that the reduction of share capital and the proposed payments have been properly authorized, comply with the Companies Act and the Memorandum of Association, and do not prejudice any shareholder or creditor.

Court Disposition

petition granted

Orders

  • The resolution reducing the share capital from Euros 21,000,000 to Euros 10,000,000 is confirmed.
  • Payment to Jan De Nul Dredging M. E. Limited of Euros 10,999,780 is confirmed.