Providing financial assistance for share purchases
Your company can provide financial assistance for share purchases if it meets certain conditions.
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Note: Share transactions are complex and errors can be costly. If you are unsure about share matters or how to file the correct share transactions in Bizfile, seek professional advice from a corporate service provider (CSP).
If you make an error during filing and cannot resolve it by filing a Notice of Error, you may need to obtain an Order of Court to amend the error.
Ways to provide financial assistance
Your company can help someone buy shares in your company or holding company by:
Lending money directly
Guaranteeing a third-party loan
Conditions for financial assistance
Private companies must meet any of these conditions:
Your company does not have a holding company.
Your holding company is also a private company.
Public companies and its subsidiaries must meet all the conditions:
The assistance follows sections 76(8) and 76(9) of Companies Act 1967.
Your company's members and board of directors approve of the assistance.
The assistance does not harm your company's interests or your shareholders' interests.
Your company can still pay its creditors after providing the assistance.
Filing a notice of resolution
This guide explains how to file a notice of resolution to notify ACRA. If your company provides financial assistance for share purchases, you must file this notice.
Who may file
Company officers (such as the director or company secretary) can file directly.
You may also engage a CSP to file on your behalf.
What you need to do before you file
Before you provide financial assistance, your board of directors must pass a special resolution.
The special resolution must state:
Your company will provide the financial assistance.
The terms and conditions are fair and reasonable to your company.
The reasons for providing the assistance.
Fees and processing time
Filing a notice of resolution
What you need to know | Details |
|---|---|
Fees | Free |
Approval time | Immediate |
How to file
Open the "General Lodgement" eService and log in.
Select "File notice of resolution - Notice to Member on giving Financial Assistance".
Complete the required information.
Submit your filing.
