The Indian Companies Act 1882, 6 of 1882, (Rep., Act 1 of 1956)

Section 16. Creditors may object to reduction, and list of objecting creditors to be settled by Court

Repealed or not in force · As amended up to 2026-08

16. Creditors may object to reduction, and list of objecting creditors to be settled by Court. 16. Where a Company proposes to reduce its capital, every creditor of the Company who, at the date fixed by the Court, is entitled to any debt or claim which, if that date were the commencement of Company to add "and reduced" to its name for a limited period. Company to apply to the Court for an order confirming reduction. Creditors may object to reduction, and list of objecting creditors to be settled by Court. Companies. [ACT V the winding-up of the Company, would be admissible in proof against the Company, shall be entitled to object to the proposed reduction, and to be entered in the list of creditors who are so entitled to object. The Court shall settle a list of such creditors, and for that purpose shall ascertain as far as possible, without requiring an application from any creditor, the names of such creditors and the nature and amount of their debts or claims, and may publish notices fixing a certain day or days within which creditors of the Company who are not entered on the list are to claim to be so entered, or to be excluded from the right of objecting to the proposed reduction: Provided that, when the reduction does not involve either the diminution of any liability in respect of unpaid capital or the payment to any shareholder of any paid up capital, the creditors of the Company shall not, unless the Court otherwise directs, be entitled to object, or required to consent, to the reduction.

Source: India Code