Part 18Acquisition by limited company of its own shares

Chapter 5Redemption or purchase by private company out of capital

Requirements for payment out of capital

718Resolution authorising payment: disclosure of directors' statement and auditor's report

(1)

This section applies to a resolution under section 716 (resolution authorising payment out of capital for redemption or purchase of own shares).

(2)

A copy of the directors' statement and auditor's report under section 714 must be made available to members—

(a)

in the case of a written resolution, by being sent or submitted to every eligible member at or before the time at which the proposed resolution is sent or submitted to him;

(b)

in the case of a resolution at a meeting, by being made available for inspection by members of the company at the meeting.

(3)

The resolution is ineffective if this requirement is not complied with.