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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 November 2007 - onwards
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371. Enforcement of directors' liabilities by shareholder action: supplementary

(1) A group of members may not bring proceedings under section 370 in the name of a company unless -

(a) the group has given written notice to the company stating -

(i) the cause of action and a summary of the facts on which the proceedings are to be based,

(ii) the names and addresses of the members comprising the group, and

(iii) the grounds on which it is alleged that those members constitute an authorised group; and

(b) not less than 28 days have elapsed between the date of the giving of the notice to the company and the bringing of the proceedings.

(2) Where such a notice is given to a company, any director of the company may apply to the court within the period of 28 days beginning with the date of the giving of the notice for an order directing that the proposed proceedings shall not be brought, on one or more of the following grounds -

(a) that the unauthorised amount has been made good to the company;

(b) that proceedings to enforce the liability have been brought, and are be

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