Corporations Act 2001

CHAPTER 2J - TRANSACTIONS AFFECTING SHARE CAPITAL  

Note: This Chapter is modified for CCIVs: see Division 2 of Part 8B.4 .

PART 2J.1 - SHARE CAPITAL REDUCTIONS AND SHARE BUY-BACKS  

Division 2 - Share buy-backs  

Note: This Division does not apply to a CCIV: see subsection 1231C(6) .

SECTION 257C   BUY-BACK PROCEDURE - SHAREHOLDER APPROVAL IF THE 10/12 LIMIT EXCEEDED  
Ordinary resolution required

257C(1)    
If section 257B applies this section to a buy-back, the terms of the buy-back agreement must be approved before it is entered into by a resolution passed at a general meeting of the company, or the agreement must be conditional on such an approval.

Information to accompany the notice of meeting

257C(2)    
The company must include with the notice of the meeting a statement setting out all information known to the company that is material to the decision how to vote on the resolution. However, the company does not have to disclose information if it would be unreasonable to require the company to do so because the company had previously disclosed the information to its shareholders.

Documents to be lodged with the ASIC

257C(3)    
Before the notice of the meeting is sent to shareholders, the company must lodge with ASIC a copy of:

(a)    the notice of the meeting; and

(b)    any document relating to the buy-back that will accompany the notice of the meeting sent to shareholders.