Question
Sven is an unsecured creditor of Omega Ltd, a company that has issued both fully paid and partly paid shares. Sven is concerned about Omega
Sven is an unsecured creditor of Omega Ltd, a company that has issued both fully paid and partly paid shares. Sven is concerned about Omega Ltd's capacity to pay him the amount he is owed. His concerns are worsened when he learns that Omega Ltd is considering returning capital to its members and reducing the uncalled amount of the member's partly paid shares.
Required:
What procedures are available to Omega Ltd under the Corporations Act 2001 (Cth) in order to return capital to members and reduce members' liability for the uncalled amount of partly paid shares and can these procedures be used to the detriment of creditors like Sven?
Steps 1 and 2: 5Marks
Steps 3 and 4: 5Marks
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started