Own Share Purchase Out Of Capital - Written Resolutions

These Own Share Purchase out of Capital - Written Resolutions are the written resolutions that must be sent to the shareholders so that they can approve the Contract to Purchase required for the purchase by a private company of its own shares and the payment for those shares out of capital.

Please see “Own Share Purchase out of Capital - Guidance Notes” for more information.

What these written resolutions approve

• Approval of the Contract to Purchase for the company’s purchase of its own shares.
• Approval of the payment for those shares out of capital.

Circulation date and lapse date

The Circulation Date will usually be the date of the board meeting approving the circulation of the written resolution, but it can be a later date.

The date when the written resolution lapses would usually be 28 days after the Circulation Date.

However, since the Companies Act 2006 specifies that the special resolution authorising the payment out of capital must be passed within 7 days of the date of the Directors' Statement and the auditor's report, the lapse date should be 7 days from the Circulation Date.

Legal updates reflected

These Written Resolutions have been updated to reflect the April 2013 changes to the Companies Act 2006, notably the move from special resolution to ordinary resolution for approval of the purchase.

Own Share Purchase Out Of Capital - Written Resolutions is part of Corporate. Just £38.50 + VAT provides unlimited downloads from Corporate for 1 year.