Financial Assistance For The Acquisition Of Shares

Hardcover | May 26, 2006

byCatherine RobertsAs told byStephen Horan

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This is a practical guide to the subject of financial assistance for the acquisition of shares, in which the authors give a detailed analysis of the current legislation and a critical review of the relevant case law. Financial assistance is a complex, technical and highly regulated aspect ofcompany law, and mistakes have serious civil consequences and criminal sanctions. This book assists practitioners with the interpretation of this difficult area of law and allows them to advise with confidence.Financial assistance is one of the most challenging areas of company law. It is renowned for causing practical difficulties and for the risk involved of giving advice on this area. This book seeks to interpret the position of financial assistance by close reference to the statutory material andabundant case law. Part I deals with the derivation of the legislation and sets out the legislation verbatim with a commentary thereon. Part II contains further analysis of the component parts of the prohibition on the giving of financial assistance. Part III offers factual and critical analysis ofsome of the most significant cases on this area of the law. The relevant cases will also be cited in Part I and II.

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This is a practical guide to the subject of financial assistance for the acquisition of shares, in which the authors give a detailed analysis of the current legislation and a critical review of the relevant case law. Financial assistance is a complex, technical and highly regulated aspect ofcompany law, and mistakes have serious civil ...

Catherine Roberts is a barrister at Erskine Chambers specialising in company law litigation and advice, corporate finance, financial services, and insolvency. She studied law at the University of Cambridge and was called to the Bar in 1986, a year after which she joined Erskine Chambers.

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Format:HardcoverDimensions:256 pages, 9.69 × 6.73 × 0.8 inPublished:May 26, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199285691

ISBN - 13:9780199285693

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Table of Contents

Part IINTRODUCTION1. FINANCIAL ASSISTANCE 1928-19802. FINANCIAL ASSISTANCE AND THE COMPANIES ACT 19813. STRUCTURE OF THE FINANCIAL ASSISTANCE PROVISIONS IN THE COMPANIES ACT 19854. LAW REFORM AND FINANCIAL ASSISTANCEPart 2THE CURRENT LEGISLATION5. ANNOTATED GUIDE TO THE COMPANIES ACT 19856. THE PROHIBITION ON FINANCIAL ASSISTANCE7. SECTION 153 - "PRINCIPAL PURPOSE" AND "LARGER PURPOSE" EXEMPTION AND FURTHER EXEMPTIONS8. SECTIONS 155-158 - THE "WHITEWASH" PROCEDURE FOR PRIVATE COMPANIES9. COURT PROTECTION FOR DISSENTING MEMBERS10. LEGAL CONSEQUENCES OF A BREACH OF SECTION 151Part 311. RELEVANT CASELAW - COMMENTARY AND ANALYSIS