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Section 713 Requirements for payment out of capital

United Kingdom

(1)

A payment out of capital by a private company for the redemption or purchase of its own shares is not lawful unless the requirements of the following sections are met—

  • section 714 (directors' statement and auditor's report);

  • section 716 (approval by special resolution);

  • section 719 (public notice of proposed payment);

  • section 720 (directors' statement and auditor's report to be available for inspection).

(2)

This is subject F1to section 720A and to any order of the court under section 721 (power of court to extend period for compliance on application by persons objecting to payment).

Annotations

Textual amendments

F1

Words in s. 713(2) inserted (30.4.2013) by The Companies Act 2006 (Amendment of Part 18) Regulations 2013 (S.I. 2013/999), reg. 11

Notes on Part 18

Modifications

C1

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

C2

Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2