Forfeiture and sale of shares
(1) A share in a no liability company is immediately forfeited if:
(2) The forfeited share must then be offered for sale by public auction within 6 weeks after the call became payable.
Advertisement of sale
(3) At least 14 days, and not more than 21 days, before the day of the sale, the sale must be advertised in a daily newspaper circulating generally throughout Australia. The specific number of shares to be offered need not be specified in the advertisement and it is sufficient to give notice of the sale by advertising to the effect that all shares on which a call remains unpaid will be sold.
Postponement of sale
(4) An intended sale of forfeited shares that has been duly advertised may be postponed for not more than 21 days from the advertised date of sale. The date to which the sale is postponed must be advertised in a daily newspaper circulating generally in Australia. (5) There may be more than 1 postponement but the sale cannot be postponed to a date more than 90 days from the first date fixed for the intended sale.
Shares may be offered as credited to a particular amount
(6) The share may be sold credited as paid up to the sum of:
(7) The directors may fix a reserve price for the share that does not exceed the sum of:
Withdrawal from sale
(8) The share may be withdrawn from sale if no bid at least equal to the reserve price is made at the sale.
Disposal of shares withdrawn from sale
Suspension of voting rights attached to share held in trust
(10) At any meeting of the company, no person is entitled to any vote in respect of the shares held by the directors in trust under subsection (9).
Application of proceeds of sale
(11) The proceeds of the sale under subsection (2) or the disposal under subsection (9) must be applied to pay:
Validity of sale
(12) If a sale is not held in time because of error or inadvertence, a late sale is not invalid if it is held as soon as practicable after the discovery of the error or inadvertence.
Failure to comply an offence
(13) If there is failure to comply with subsection (2) or (3), the company and any officer of the company who is involved in the contravention are each guilty of an offence.