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Company Reconstruction-Type (Part 1)

August 3rd, 2007 /
 Company Reconstruction:-
·     A term used to describe the drastic formal changes in a company’s capital structure as a result of certain circumstances.
 Type of Reconstruction:-
·     Divided into two(2) types namely:

·       Internal reconstruction

·      External reconstruction

 Internal Reconstruction:-
·         Undertaken by companies that have surplus capital or companies whose capital has been eroded by trading losses
·         In this type of internal reconstruction, companies who wish to reduce their capital need to comply with certain requirements of their local Companies Act. This normally involves the following:

·         The capital reduction scheme must be confirmed by the court

·         The articles of association of the company must provide for such reduction of capital and

·         A special resolution must be passed by the company.

 

     Three(3) situations where the Companies Act ( in this case

Malaysia)  permits such capital reduction:-
 

·         To reduce or write off uncalled capital on any of its shares; 

·         To cancel paid up capital not represented by assets; or 

·         To refund any surplus capital ie. Capital in excess of the needs of the company ( a company which has par value of $1 applies to reduce to 50 cent per share so as to refund 50 cent per share to the shareholders ) 

 

 

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