“LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day”
AdvocatesAccess all documents on Redeemable shares
The company establishing a SIP The company setting up a share incentive plan (SIP) does not need to be the same entity whose shares are allocated. However, both: the shares to be granted, and the connection between the SIP-establishing entity and the company whose shares are issued must satisfy the relevant legislative conditions. A SIP can be created either: solely for employees of the company that establishes it; or for those employees and for employees of other companies it controls (a group plan)—see Constituent companies below. In a group where the parent company’s shares are to be awarded, there are two options: the parent company may establish the SIP and extend it to the appropriate subsidiaries; or each subsidiary may establish its own SIP, provided the other statutory requirements concerning the shares under award are met—see Requirements for the shares. The advantage of each subsidiary operating its...
This Practice Note: sets out the principal UK tax considerations for a company looking to raise capital through a rights issue, and unless indicated otherwise, proceeds on the basis that: the issuing company is UK incorporated and UK tax resident and, for VAT, is treated as belonging in the UK only new non-redeemable shares are offered as part of the rights issue the shares to be issued are in the same currency as the issuer’s functional currency (ie the currency the company uses to prepare its accounts)—where the functional currency differs from the share currency and certain conditions are satisfied, any profit or loss on a derivative used by the issuer to hedge exchange rate risk is disregarded for corporation tax purposes the underwriters are treated as belonging in the UK for VAT purposes This Practice Note includes references to case law from the EU Court of Justice. For guidance...
Any limited company planning to carry out a redemption of redeemable shares is required to comply with the provisions set out in the Companies Act 2006 (CA 2006). In addition to the framework under CA 2006, separate rules, as well as guidance, are pertinent where the company is listed or admitted to AIM. For an explanation of the legal conditions a company must satisfy to issue redeemable shares, with reasons a company might proceed to redeem its shares, refer to Practice Note: Issue of redeemable shares...
Ordinary resolution That the directors of the Company are authorised to set the terms, conditions, and method for redeeming any redeemable shares of £[ insert value ] of the Company that may then be in issue from time to time...
Company number: [ insert number ] [ insert company name ] Limited Payment out of capital to redeem shares in the company Directors’ statement We, the undersigned, being the present directors of the Company, make the following declaration in accordance with section 714 of the Companies Act 2006: [ enter name of director ] of [ enter address ] [ enter name of director ] of [ enter address ] [ enter name of director ] of [ enter address ] We hereby declare that the sum constituting the permitted capital payment in respect of [ insert number ] [ redeemable ] shares is £[...
Company number: [ insert number ] [ insert company name ] Limited (the Company) Payment out of capital for redemption of shares in the company In accordance with section 719 of the Companies Act 2006, the Company hereby gives notice that: On [ insert date ], the shareholders sanctioned a payment out of capital under section 716 of the Companies Act 2006 to enable the Company to redeem [ insert number of shares ] [ redeemable ] shares of £[ insert nominal amount ] each; The permissible capital payment, as defined by section 710 of the Companies Act 2006, for the relevant shares is £[ insert amount ]; The directors’ statement and the auditors’ report required by section 714 of the Companies Act 2006 in relation to the proposed out-of-capital payment are available for inspection at [ [ the registered office of the Company ] OR [ insert details of relevant address ] ] ; and Any creditor of the Company...