Reduction of capital: creditor protection3

In section 646(1) of the Companies Act 2006 (application to court for order confirming reduction of share capital: creditors entitled to object)—

a

after “who” insert “— (a)”, and

b

after “admissible in proof against the company” insert—

, and

b

can show that there is a real likelihood that the reduction would result in the company being unable to discharge his debt or claim when it fell due,