Section 371(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— that the unauthorised amount has been made good to the company; that proceedings to enforce the liability have been brought, and are being pursued with due diligence, by the company; that the members proposing to bring proceedings under this section do not constitute an authorised group.

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Source: legislation.gov.uk · retrieved 2026-09-04