You are viewing the translated version of पुँजी घटाइएको शेयरमा शेयरधनीहरुको दायित्व.
Section 59
Liability of shareholders in shares with reduced capital
: (1) Except as otherwise provided in this section, to pay an amount in excess of the amount resulting from deducting the actual amount paid for the share or the amount deemed paid in respect of any share specified in an order passed by the court to reduce the share capital from the fixed price of such share. The previous or immediate shareholders will not be obliged to take such shares. However, when submitting the list of creditors of the company entitled to oppose the claim in the proposal to reduce the company's capital before the court, the name of any creditor is missing, and if the company is unable to pay the debt of such creditor after receiving the order to reduce the company's capital, it shall pay the amount as mentioned in sub-section (3) or (4). The shareholders of the company will be obliged.
(2) Notwithstanding anything contained in the restrictive clause of sub-section (1), the shareholder shall not be obliged to pay such amount if the name of such creditor or any claim is omitted from the list submitted to the court due to the creditor's own fault or negligence.
(3) On the day before the court issued the order to reduce the capital of the company, the shareholder of such company would have to pay an amount equal to the amount that he would have had to pay for the shares he had taken if the relevant company's action had been initiated on the day before the court issued the order to reduce the company's capital. A person who remains a shareholder will be bound.
(4) If the company is in liquidation, when the list of creditors is submitted to the court, if the creditor who is said to have missed the name, submits an application with proof of the name being missed, the court, if deemed appropriate, prepares a list of shareholders who have the obligation to pay the amount required to pay the debt of such creditor to the company and the shareholders named in such list He can give an order to demand the amount of shares from them as well as the amount to be paid by them in the company's Damasahi process.
(5) Notwithstanding anything else written in this section, no shareholder shall be obliged to pay more than the fixed price of the shares taken by him at the time of purchasing the shares.
(2) Notwithstanding anything contained in the restrictive clause of sub-section (1), the shareholder shall not be obliged to pay such amount if the name of such creditor or any claim is omitted from the list submitted to the court due to the creditor's own fault or negligence.
(3) On the day before the court issued the order to reduce the capital of the company, the shareholder of such company would have to pay an amount equal to the amount that he would have had to pay for the shares he had taken if the relevant company's action had been initiated on the day before the court issued the order to reduce the company's capital. A person who remains a shareholder will be bound.
(4) If the company is in liquidation, when the list of creditors is submitted to the court, if the creditor who is said to have missed the name, submits an application with proof of the name being missed, the court, if deemed appropriate, prepares a list of shareholders who have the obligation to pay the amount required to pay the debt of such creditor to the company and the shareholders named in such list He can give an order to demand the amount of shares from them as well as the amount to be paid by them in the company's Damasahi process.
(5) Notwithstanding anything else written in this section, no shareholder shall be obliged to pay more than the fixed price of the shares taken by him at the time of purchasing the shares.