THE CORPORATIONS LAW

CHAPTER 6A - COMPULSORY ACQUISITIONS AND BUY-OUTS

PART 6A.4 - EXPERTS' REPORTS AND VALUATIONS

SECTION 667C   VALUATION OF SECURITIES  

667C(1)  [Determining fair value]  

To determine what is fair value for securities for the purposes of this Chapter:

(a)  first, assess the value of the company as a whole; and

(b)  then allocate that value among the classes of issued securities in the company (taking into account the relative financial risk, and voting and distribution rights, of the classes); and

(c)  then allocate the value of each class pro rata among the securities in that class (without allowing a premium or applying a discount for particular securities in that class).

667C(2)  [Securities purchased in previous six months]  

Without limiting subsection (1), in determining what is fair value for securities for the purposes of this Chapter, the consideration (if any) paid for securities in that class within the previous 6 months must be taken into account.