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Prohibition of provision of financial assistance by company for purchase of or subscription for its own or its holding company's shares. 54.(1) Subject to sub-section (2), it shall not be lawful for a company to give, whether directly or indirectly, and whether by means of a loan, guarantee, the provision of security or otherwise, any financial assistance for the purpose of or in connection with a purchase or subscription made or to be made by any person of or for any shares in the company, or, where the company is a subsidiary company, in its holding company. (2) Nothing in sub-section (1) shall be taken to prohibit (a)where the lending of money is part of the ordinary business of a company, the lending of money by the company in the ordinary course of its business; (b)the provision by a company, in accordance with any scheme for the time being in force, of money for the purchase of, or subscription for, fully-paid shares in the company or its holding company, being a purchase or subscription by trustees of or for shares to be held by or for the benefit of employees of the company, including any director holding a salaried employment or office in the company; (c)the making by a company of loans to persons, other than directors, bona fide in the employment of the company with a view to enabling those persons to purchase or subscribe for fully-paid shares in the company or its holding company to be held by themselves by way of beneficial ownership. (3) If a company acts in contravention of this section, the company and every officer of the company who is in default shall be liable to a fine not exceeding one hundred pounds. Construction of references to offering shares or debentures to the public.
© 1960 Crown Copyright
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