Section 72:
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.
72. Company may hold its own shares
(1) Section 71 (1) shall not apply to shares acquired by a company pursuant to section 69 or 110 where—
(a) the constitution of the company expressly permits the company
to hold its own shares;
(b) the Board of the company resolves that the shares concerned
shall not be cancelled on acquisition; and
(c) except in the case of a private company holding a Global Business Licence or an Authorised Company, as the case may be,
the number of shares acquired, when aggregated with shares of
the same class held by the company pursuant to this section at
the time of the acquisition does not exceed 15 per cent of the
shares of that class previously issued by the company, excluding
shares previously deemed to be cancelled under section 71 (1).
[Issue 10] C35 – 56
Revised Laws of Mauritius
(2) Any share acquired by a company pursuant to section 69 or 110 and,
which is held by the company pursuant to subsection (1) shall be held by the
company in itself.
(3) A share that a company holds in itself under subsection (2) may be
cancelled by the Board resolving that the share is cancelled and the share
shall be deemed to be cancelled on the making of such a resolution.
[S. 72 amended by s. 13 (e) of Act 11 of 2018 w.e.f. 1 October 2018.]
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Questions this section answers
- Can my company hold its own repurchased shares instead of cancelling them?
- Is there a limit on how many of its own shares my company can hold?