All sections · Part V: Shares · Sub-Part VI: Alteration of capital
82 没收股份
(1) 除公司章程中另有规定外,公司可以------。
(a) 根据本条规定,因未支付到期应付的款项而使其发行的任何非全额股份被没收;或
(b) 接受注销这些股份,而不是没收它们。
(2) 尽管本公司的章程或股份发行的条款和条件中有任何相反的规定,除非已向拖欠股份付款的成员送达书面没收通知,否则股份不会被没收。
(3) 第(2)款提及的没收书面通知必须指定一个不早于通知送达日期的14天,在此日期或之前支付通知所要求的款项,并且必须包含一项声明,即如果在通知中指定的日期或之前没有付款,未付款的股份或任何股份可能被没收。
(4) 如果根据本条发出了书面的没收通知,而通知的要求没有得到遵守,董事可以在提出付款之前的任何时候没收和取消通知所涉及的股份。
(5) 公司没有义务向其股份根据第(4)款被取消的成员退还任何款项,该成员应被解除对公司的任何进一步责任。
(a) 根据本条规定,因未支付到期应付的款项而使其发行的任何非全额股份被没收;或
(b) 接受注销这些股份,而不是没收它们。
(2) 尽管本公司的章程或股份发行的条款和条件中有任何相反的规定,除非已向拖欠股份付款的成员送达书面没收通知,否则股份不会被没收。
(3) 第(2)款提及的没收书面通知必须指定一个不早于通知送达日期的14天,在此日期或之前支付通知所要求的款项,并且必须包含一项声明,即如果在通知中指定的日期或之前没有付款,未付款的股份或任何股份可能被没收。
(4) 如果根据本条发出了书面的没收通知,而通知的要求没有得到遵守,董事可以在提出付款之前的任何时候没收和取消通知所涉及的股份。
(5) 公司没有义务向其股份根据第(4)款被取消的成员退还任何款项,该成员应被解除对公司的任何进一步责任。
Translation for information only. Only the English original is legally binding.
Original wording (English, legally binding): Forfeiture of share
(1) Subject to contrary provision in its memorandum or articles, a company
may —
(a) in accordance with this section cause any of its shares which have
been issued otherwise than as fully paid to be forfeited for failure
to pay any sum due and payable on them; or
(b) accept the surrender of such shares instead of causing them to be
so forfeited.
(2) Notwithstanding any provision to the contrary in the memorandum or
articles of a company or the terms of issue of any shares in such company,
a share may only be forfeited if a written notice of forfeiture has been
served on the member who defaults in making payment in respect of the
share.
(3) The written notice of forfeiture referred to in subsection (2) shall specify a
date not earlier than the expiration of 14 days from the date of service of
the notice on or before which the payment required by the notice is to be
made and shall contain a statement that, in the event of non-payment at or
before the time specified in the notice the shares, or any of them, in respect
of which payment is not made will be liable to be forfeited.
(4) Where a written notice of forfeiture has been issued under this section and
the requirements of the notice have not been complied with, the directors
may, at any time before tender of payment, forfeit and cancel the shares to
which the notice relates.
(5) The company is under no obligation to refund any moneys to the member
whose shares have been cancelled pursuant to subsection (4) and that
member shall be discharged from any further obligation to the company.
may —
(a) in accordance with this section cause any of its shares which have
been issued otherwise than as fully paid to be forfeited for failure
to pay any sum due and payable on them; or
(b) accept the surrender of such shares instead of causing them to be
so forfeited.
(2) Notwithstanding any provision to the contrary in the memorandum or
articles of a company or the terms of issue of any shares in such company,
a share may only be forfeited if a written notice of forfeiture has been
served on the member who defaults in making payment in respect of the
share.
(3) The written notice of forfeiture referred to in subsection (2) shall specify a
date not earlier than the expiration of 14 days from the date of service of
the notice on or before which the payment required by the notice is to be
made and shall contain a statement that, in the event of non-payment at or
before the time specified in the notice the shares, or any of them, in respect
of which payment is not made will be liable to be forfeited.
(4) Where a written notice of forfeiture has been issued under this section and
the requirements of the notice have not been complied with, the directors
may, at any time before tender of payment, forfeit and cancel the shares to
which the notice relates.
(5) The company is under no obligation to refund any moneys to the member
whose shares have been cancelled pursuant to subsection (4) and that
member shall be discharged from any further obligation to the company.