§ 78 — Power of company to pay interest out of capital in certain cases

78. Where any shares of a company are issued for the purpose of raising money to defray the expenses of the construction of any works or buildings or the provision of any plant which cannot be made profitable for a long period, the company may pay interest on so much of such share capital (except treasury shares) as is for the time being paid up and charge the interest so paid to capital as part of the cost of the construction or provision but —(a)

no such payment may be made unless it is authorised, by the constitution or by special resolution, and is approved by the Court;

(b)

before approving any such payment, the Court may at the expense of the company appoint a person to inquire and report as to the circumstances of the case, and may require the company to give security for the payment of the costs of the inquiry;

(c)

the payment is to be made only for such period as is determined by the Court, but in no case extending beyond a period of 12 months after the works or buildings have been actually completed or the plant provided;

(d)

the rate of interest must in no case exceed 5% per annum or such other rate as is for the time being prescribed; and

(e)

the payment of the interest does not operate as a reduction of the amount paid up on the shares in respect of which it is paid.[36/2014]