A "buy back" involves a company reclaiming issued shares
by purchasing them from existing shareholders (i.e., buying them back).
The buy-back
provisions in our Constitution appear to...
The Corporations Act (and sometimes the company’s Constitution)
governs the buying back of shares by a company. In my opinion, this is effectively
the easiest way...
Further
to today's meeting/discussions I confirm that (except in some circumstances
which are not applicable to us) in my opinion generally the only way a company
can...
As we have decided to de-register our
wholly-owned subsidiary (because that company no longer has any use) we have to
first reduce its assets down to...
A common way for a company to raise additional capital is to
approach all shareholders seeking their investment in new shares on a basis
pro-rata (ie,...
The Corporations Act “maintenance of capital” principles generally
restrict the ability of a company to reduce its issued share capital. However,
there are some “return of...
My understanding of
the Corporations Act (as a practicing Company Secretary) is that, generally
speaking:
Related
Party Interest
for all companies
Sec.191(1) requires a
director to disclose¹ a “material personal interest”...
Chapter 2E of the Corporations Act covers ‘related party benefits’ –
designed to protect the interests of a company’s shareholders as a whole, by requiring
shareholder...