PART VShare Capital, its Increase, Maintenance and Reduction

CHAPTER VIIRedeemable Shares ; Purchase by a Company of its Own Shares

Redemption and purchase generally

168Payments apart from purchase price to be made out of distributable profits

1

A payment made by a company in consideration of—

a

acquiring any right with respect to the purchase of its own shares in pursuance of a contract approved under section 165, or

b

the variation of a contract approved under section 164 or 165, or

c

the release of any of the company's obligations with respect to the purchase of any of its own shares under a contract approved under section 164 or 165 or under a contract for a purchase authorised under section 166,

must be made out of the company's distributable profits.

2

If the requirements of subsection (1) are not satisfied in relation to a contract—

a

in a case within paragraph (a) of the subsection, no

purchase by the company of its own shares in pursuance of that contract is lawful under this Chapter,

b

in a case within paragraph (b), no such purchase following the variation is lawful under this Chapter, and

c

in a case within paragraph (c), the purported release is void.