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201.(1) Any member of a company who complains that the affairs of the company are being conducted or that the powers of the directors of the company are being exercised in a manner oppressive to him or some part of the members (including himself), or in disregard of his or their proper interests as member or members respectively, may apply to the court for an order under this section. (2) In a case falling within [section 163(4)] the Ministry may apply for an order under this section. (3) If on any application under sub-section (1) or sub-section (2) the court is of opinion that the company's affairs are being conducted or that the directors' powers are being exercised as aforesaid, the court may, with a view to bringing to an end the matters complained of, make such order as it thinks fit, whether directing or prohibiting any act or cancelling or varying any transaction or for regulating the conduct of the company's affairs in future, or for the purchase of the shares of any members of the company by other members of the company or by the company and, in the case of a purchase by the company, for the reduction accordingly of the company's capital, or otherwise. (4) Where an order under this section makes any alteration in or addition to any company's memorandum or articles, then, notwithstanding anything in any other provision of this Act but subject to the provisions of the order, the company concerned shall not have power without the leave of the court to make any further alteration in or addition to the memorandum or articles inconsistent with the provisions of the order; but, subject to the foregoing provisions of this sub-section, the alterations or additions made by the order shall be of the same effect as if duly made by resolution of the company and the provisions of this Act shall apply to the memorandum or articles as so altered or added to accordingly. (5) An office copy of any order under this section altering or adding to, or giving leave to alter or add to, a company's memorandum or articles shall, within fourteen days after the making thereof, be delivered by the company to the registrar of companies for registration; and if a company fails to comply with this sub-section, the company and every officer of the company who is in default shall be liable to a default fine. (6) The personal representative of a person who, at the date of his death was a member of a private company, or any trustee of, or person beneficially interested in, the shares of a private company by virtue of the will or intestacy of any such person, may apply to the court under sub-section (1) for an order under this section and, accordingly, any reference in that sub-section to a member of a company shall be construed as including a reference to any such personal representative, trustee or person beneficially interested as aforesaid or to all of them. Modes of winding up.
© 1960 Crown Copyright
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