A resolution for reducing share capital of a private company limited by shares is supported by a solvency statement if—
Where the resolution is proposed as a written resolution, a copy of the solvency statement must be sent or submitted to every eligible member at or before the time at which the proposed resolution is sent or submitted to him.
Where the resolution is proposed at a general meeting, a copy of the solvency statement must be made available for inspection by members of the company throughout that meeting.
The validity of a resolution is not affected by a failure to comply with subsection (2) or (3).