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Shares Capital, Fundraising and Insolvency

Shares Capital, Fundraising and Insolvency

Employee Share Schemes

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Introduction An employee share scheme (“Plan”) can cover either:the acquisition of shares by employees (“ESAP”)the granting of options (over shares) to employees (“ESOP”) in the company/group (ie:...
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Shares Capital, Fundraising and Insolvency

Company De-Registration

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A company may apply to ASIC to be de-registered under the Corporations Act provided, at the time, it: is solvent is not carrying on business and/or...
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Shares Capital, Fundraising and Insolvency

De–Registered Company Assets

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A company can be de-registered either voluntarily, by ASIC (eg, if fees unpaid, or there is no response to correspondence) or by the court. In the case of...
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Shares Capital, Fundraising and Insolvency

Convertible Loan

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The WSJ loan facility has been fully drawn down to $500,000 at a current interest rate of 11.2%pa (The Bank Benchmark Business Lending Rate + 2%)...
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Shares Capital, Fundraising and Insolvency

Deceased Shareholder

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We are guided in the procedures following the death of a shareholder by the Corporations Act and the Company’s Constitution. Under the Act: If shares are held...
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Shares Capital, Fundraising and Insolvency

Company Transfer

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You have asked for my comments in relation to transfer of all of the shares in a company which is owned by 2 of our...
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Shares Capital, Fundraising and Insolvency

Closing Down a Company

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For various reasons the shareholders or directors of a company may decide that the company is no longer required; perhaps its business is not viable, maybe...
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Shares Capital, Fundraising and Insolvency

Change to Holding Statements – Unlisted Company

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I think it is quite possible that we can move to an uncertificated share register and issue Holding Statements in lieu of share certificates to recognise...
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Shares Capital, Fundraising and Insolvency

Cancellation of Shares

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Simply put, a company is formed by investors applying for shares, so that its initial ‘balance sheet’ is an ‘asset’ of cash of $X and ‘shareholders...
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Shares Capital, Fundraising and Insolvency

Beneficial Ownership – Unlisted Companies

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A shareholder may, for various reasons, hold shares for the benefit of another party. In such case the shareholder must, under Corporations Act Section1072H, advise the...
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Shares Capital, Fundraising and Insolvency

AML/CTF ACT

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I refer to the recent advices from a stockbroker and comment on the Anti-Money Laundering & Counter-Terrorism Financing Act as requested in an attempt to clarify...
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Shares Capital, Fundraising and Insolvency

Annual Investment Income Report

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The Australian Tax Office (“ATO”) requires that all investment bodies (which includes public companies and financial institutions) must report to the ATO annually in relation to...
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