- 10 Marks
Question
Under what circumstances will the provision of financial assistance by a company for the purchase of its own shares be permitted?
Answer
A company may provide financial assistance for the purchase of its own shares under the following circumstances:
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Commission or Brokerage Fees:
- A company may pay commission or brokerage for the subscription of shares if authorized by its constitution. However, this must not exceed 10% of the price of the shares.
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Lending Money as Part of Ordinary Business:
- If the company is engaged in lending as part of its normal business operations, it may provide financial assistance to customers who use the funds to purchase its shares.
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Employee Share Schemes:
- A company may provide financial assistance for share purchases if it is part of a scheme for the benefit of employees, including salaried directors.
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Loans to Employees (excluding Directors):
- The company may grant loans to employees, except directors, in genuine employment, for the purpose of purchasing shares.
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Use of Lawful Dividends:
- Shareholders may use dividends declared by the company to discharge any liability on their shares, which is considered an indirect form of financial assistance.
- Topic: Types of capital and the financing of companies
- Series: Nov 2024
- Uploader: Salamat Hamid