Section 12: Winding up
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
12. Winding up
(1) Subject to subparagraphs (2) and (3) and to the terms of issue of any
shares in the company, upon the winding up of the company, the assets, if any,
remaining after payment of the debts and liabilities of the company and the costs
of winding up (the surplus assets), shall be distributed among the shareholders in
proportion to their shareholding.
(2) The holders of shares not fully paid up shall only receive a proportionate
share of their entitlement being an amount paid to the company in satisfaction of
the liability of the shareholder to the company in respect of the shares either under the constitution of the company or pursuant to the terms of issue of the
shares.
(3) Where the company is wound up, the liquidator may, with the sanction
of a special resolution of the company, divide in kind amongst the members the
assets of the company, whether they consist of property of the same kind or
not, and may for that purpose set such value as he deems fair upon any property
to be divided and may determine how the division is to be carried out as between the shareholders or different classes of shareholders.