Section 112:
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.
112. Court may grant exemption
(1) A company to which a notice has been given under section 109 may
apply to the Court for an order exempting it from the obligation to purchase
the shares to which the notice relates, on the grounds that—
(a) the purchase would be disproportionately damaging to the
company;
(b) the company cannot reasonably be required to finance the purchase; or
(c) it would not be just and equitable to require the company to purchase the shares.
(2) On an application under this section, the Court may make an order
exempting the company from the obligation to purchase the shares, and may
make any other order it thinks fit, including an order—
(a) setting aside a resolution of the shareholders;
(b) directing the company to take, or refrain from taking any action
specified in the order;
(c) requiring the company to pay compensation to the shareholders
affected; or
(d) that the company be put into liquidation.
(3) The Court shall not make an order under subsection (2) on the
grounds set out in subsection (1) (a) or (b) unless it is satisfied that the company has made reasonable efforts to arrange for another person to purchase
the shares in accordance with section 109 (2) (b).
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Questions this section answers
- Can my company ask the Court to be excused from buying back shares that would damage it?