Commonwealth Numbered Acts

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Issuing or transferring shares to controlled entity

(1) The issue or transfer of shares (or units of shares) of a company to an entity it controls is void unless:

the issue or transfer is to the entity as a personal representative; or

the issue or transfer is to the entity as trustee and neither the company nor any entity it controls has a beneficial interest in the trust, other than a beneficial interest that satisfies these conditions:

the interest arises from a security given for the purposes of a transaction entered into in the ordinary course of business in connection with providing finance; and
that transaction was not entered into with an associate of the company or an entity it controls; or
the issue to the entity is made as a result of an offer to all the members of the company who hold shares of the class being issued and is made on a basis that does not discriminate unfairly, either directly or indirectly, in favour of the entity; or

the transfer to the entity is by a wholly-owned subsidiary of a body corporate and the entity is also a wholly-owned subsidiary of that body corporate.

(2) ASIC may exempt a company from the operation of this section. The exemption:

must be in writing; and

may be granted subject to conditions.

(3) If paragraph (1)(c) or (d) applies to an issue or transfer of shares (or units of shares), section 259D applies.

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