The compulsory acquisition of shares is a right under the Corporations Act 2001 (Cth) (the Act). It gives a shareholder who holds at least 90% of the shares in a company the ability to compulsorily acquire the remaining shares. Consequently, the shareholder ends up with 100% of the shares. The compulsory acquisition of shares allows a shareholder to access the benefits and flexibility of fully owning a company. It also encourages company acquisitions and provides shareholders with the prospect of obtaining full ownership. This article outlines the different ways in which the compulsory acquisition of shares may occur and how each works.
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