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StatuteCompanies Act 1993

Section 82 — Companies Act 1993: Subsidiary may not hold shares in holding company

Text of the provision Official document

82 Subsidiary may not hold shares in holding company (1) Subject to this section, a subsidiary must not hold shares in its holding company. (2) An issue of shares by a holding company to its subsidiary is void and of no effect. (3) A transfer of shares in a holding company to its subsidiary is void and of no effect. (4) Where a company that holds shares in another company becomes a subsidiary of that other company— (a) The company may, notwithstanding subsection (1) of this section, continue to hold those shares; but (b) The exercise of any voting rights attaching to those shares shall be of no effect. (5) Where a company on reregistration under this Act in accordance with the Companies Reregistration Act 1993 held shares in another company and was a subsidiary of that other company,— (a) The company may, notwithstanding subsection (1) of this section, continue to hold those shares; but (b) The exercise of any voting rights attaching to those shares shall be of no effect. (6) Nothing in this section prevents a subsidiary holding shares in its holding company in its capacity as a personal representative or a trustee unless the holding company or another subsidiary has a beneficial interest under the trust other than an interest that arises by way of security for the purposes of a transaction made in the ordinary course of the business of lending money. (7) This section applies to a nominee for a subsidiary in the same way as it applies to the subsidiary.

Official source: legislation.govt.nz

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