(1) If a company has a constitution, under it the company may grant to a
shareholder, as a shareholder, a right to occupy or use real property that the
company owns or holds under lease, whether the right is a lease or licence or
a contractual right.
- Note: Before the introduction of strata or unit titles
systems, rights to occupy real property were sometimes based on a holding of
shares in a company.
(2) A company may transfer to a person an interest in land in exchange for, or
in satisfaction of, a right to occupy or use the land of the kind referred to
in subsection (1).
- Example: A person has a right to occupy an apartment
in a block of units because they hold shares in a company. As part of
converting the block of units to strata title, the person surrenders the
shares in return for a transfer of strata title over the apartment. The
capital reduction involved in the transfer is authorised under this
subsection.