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CAP. 270, INTERNATIONAL BUSINESS COMPANIES ACT

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42<br />

<strong>CAP</strong>. <strong>270</strong>]<br />

International Business Companies<br />

(b)<br />

the aggregate of the amounts designated as capital of-<br />

(i)<br />

(ii)<br />

all outstanding shares without par value; and<br />

all shares without par value held by the company as<br />

treasury shares that are entitled to a preference, if any,<br />

in the assets of the company upon liquidation of the<br />

company.<br />

(3) No reduction of capital shall be effected under subsection (1) unless<br />

the directors determine that immediately after the reduction-<br />

(a)<br />

(b)<br />

the company will be able to satisfy its liabilities as they be<br />

come due in the ordinary course of its business; and<br />

the realisable value of the assets of the company will not be<br />

less than its total liabilities, other than deferred taxes, as shown<br />

in the books of account, and its remaining capital,<br />

and, in the absence of fraud, the decision of the directors as to the realisable<br />

value of the assets of the company is conclusive, unless a question of law is<br />

involved.<br />

Dividends.<br />

39.-(1) Subject to any limitations in its Memorandum or Articles, a company<br />

incorporated under this Act may, by a resolution of its directors, declare<br />

and pay dividends in money, shares or other property.<br />

(2) Dividends shall only be declared and paid out of surplus.<br />

(3) No dividend shall be declared and paid unless the directors determine<br />

that immediately after the payment of the dividend-<br />

(a)<br />

the company will be able to satisfy its liabilities as they become<br />

due in the ordinary course of its business; and<br />

[ ]<br />

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000<br />

Printed by the Government Printer,<br />

No. 1 Power Lane,<br />

Belmopan, by the authority of<br />

the Government of Belize.

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