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Section 109: Notice requiring purchase of shares

Companies Act · PART IX: SHAREHOLDERS AND THEIR RIGHTS AND OBLIGATIONS

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

109. Notice requiring purchase of shares (1) A shareholder of a company who wishes the company to purchase his shares under section 108 shall, within 14 days of— (a) the passing of the resolution at a meeting of shareholders; or (b) where the resolution was passed under section 117, the date on which notice of the passing of the resolution is given to the shareholder, [Issue 3] C35 – 72 Revised Laws of Mauritius give a written notice to the company requiring the company to purchase those shares. (2) Upon receipt of a notice under subsection (1), the Board may— (a) arrange for the purchase of the shares by the company; (b) arrange for some other person to purchase the shares; (c) apply to the Court for an order under section 112 or 113; or (d) before the resolution is implemented, arrange for the resolution to be rescinded in accordance with section 105. (3) The Board of directors shall, within 28 days of receipt of a notice under subsection (1), give written notice to the shareholder of its decision under subsection (2).

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