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Companies Act 2006

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Companies Act 2006, Section 733 is up to date with all changes known to be in force on or before 20 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 11(1) by S.I. 2013/1971 reg. 9(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)
  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 3(4) by S.I. 2013/1971 reg. 4 (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)

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733The capital redemption reserveE+W+S+N.I.

This section has no associated Explanatory Notes

(1)In the following circumstances a company must transfer amounts to a reserve, called the “capital redemption reserve”.

(2)Where under this Part shares of a limited company are redeemed or purchased wholly out of the company's profits, the amount by which the company's issued share capital is diminished in accordance with—

(a)section 688(b) (on the cancellation of shares redeemed), or

(b)section 706(b)(ii) (on the cancellation of shares purchased),

must be transferred to the capital redemption reserve.

(3)If—

(a)the shares are redeemed or purchased wholly or partly out of the proceeds of a fresh issue, and

(b)the aggregate amount of the proceeds is less than the aggregate nominal value of the shares redeemed or purchased,

the amount of the difference must be transferred to the capital redemption reserve.

This does not apply in the case of a private company if, in addition to the proceeds of the fresh issue, the company applies a payment out of capital under Chapter 5 [F1or under section 692(1ZA)] in making the redemption or purchase.

(4)The amount by which a company's share capital is diminished in accordance with section 729(4) (on the cancellation of shares held as treasury shares) must be transferred to the capital redemption reserve.

(5)The company may use the capital redemption reserve to pay up new shares to be allotted to members as fully paid bonus shares.

(6)Subject to that, the provisions of the Companies Acts relating to the reduction of a company's share capital apply as if the capital redemption reserve were part of its paid up share capital.

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Amendments (Textual)

Commencement Information

I1S. 733 wholly in force at 1.10.2009; s. 733 not in force at Royal Assent see s. 1300; s. 733(5)(6) in force for specified purposes at 1.10.2008 by S.I. 2008/1886, art. 2 (with arts 6, 7); s. 733 in force otherwise at 1.10.2009 by S.I. 2008/2860, art. 3(l) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)

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