Part 18Acquisition by limited company of its own shares

Chapter 1General provisions

Introductory

658General rule against limited company acquiring its own shares

1

A limited company must not acquire its own shares, whether by purchase, subscription or otherwise, except in accordance with the provisions of this Part.

2

If a company purports to act in contravention of this section—

a

an offence is committed by—

i

the company, and

ii

every officer of the company who is in default, and

b

the purported acquisition is void.

3

A person guilty of an offence under this section is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

b

on summary conviction—

i

in England and Wales, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum (or both);

ii

in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).