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Companies Act 2006, Section 586 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A public company must not allot a share except as paid up at least as to one-quarter of its nominal value and the whole of any premium on it.
(2)This does not apply to shares allotted in pursuance of an employees' share scheme.
(3)If a company allots a share in contravention of this section—
(a)the share is to be treated as if one-quarter of its nominal value, together with the whole of any premium on it, had been received, and
(b)the allottee is liable to pay the company the minimum amount which should have been received in respect of the share under subsection (1) (less the value of any consideration actually applied in payment up, to any extent, of the share and any premium on it), with interest at the appropriate rate.
(4)Subsection (3) does not apply to the allotment of bonus shares, unless the allottee knew or ought to have known the shares were allotted in contravention of this section.
Modifications etc. (not altering text)
C1Ss. 584-587 applied (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 12(1), Sch. 3 para. 9 (with art. 10)
C2Ss. 584-587 applied (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 9
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