Distribution of surplus assets, Business Law and Ethics

Distribution of Surplus Assets:

If the debts are paid in full the liquidator should apply what remains in repayment of capital paid on shares and then distribute any residue to those entitled to the surplus.  Unless otherwise stated all shares rank equally.  But the articles often provide that preference share capital is to be repaid in priority (with the implication that preference shares do not carry a right to participate in any surplus left after all paid up share capital has been paid).

A company may (by its memorandum or articles or by a resolution passed in general meeting) authorize distribution of assets (after payment of debts which must have priority) not to members but to, for example, a charity or to employees of the company.  Payments to employees made after the company has ceased to carry on or has sold its business are not within its powers

Parke v. Daily News Ltd.

Posted Date: 1/15/2013 5:34:34 AM | Location : United States

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