The Companies Act 2006 allows a private company to reduce its issued share capital by special resolution if the directors are able to confirm that the company will remain solvent - ie able to pay its debts - for a year after the reduction.
Under this new procedure there is no need to obtain a Court Order confirming the reduction and creditors have no right of objection.
However, it is not possible to reduce the capital so as to leave the company with no share capital or with only redeemable shares in issue. A company can also carry out a reduction of capital procedure under section 645 of the Companies Act 2006 (requiring the reduction to be confirmed by Court Order) if it so chooses.
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