(1) Where a private company passes a special resolution approving a payment out of capital for the redemption or purchase of any of its shares—
(a) any member of the company (other than one who consented to or voted in favour of the resolution), and
(b) any creditor of the company,
may apply to the court for the cancellation of the resolution.
(2) The application—
(a) must be made within five weeks after the passing of the resolution, and
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