Additional Services

A company can cancel its shares but it has to follow some procedures and there are some restrictions imposed. These restrictions are imposed so that:


  • (a) The interest of the creditors is protected and the risks of the company’s insolvency is minimized
  • (b) fairness among stakeholders ensured
  • (c) the company should disclose all material information.

Price: $330.00 Including GST ($132 for Annual Subscribers)   Download Order Form


There are following commonly used ways to reduce share capital.


  • Share buy-back
  • Share Capital Reduction
  • Cancellation of forfeited shares
  • Redemption of Redeemable Preference Shares


Difference between Share Capital Reduction and Share Buy-Back

  • Share Capital Reduction is imposed by the company and is non-optional for the shareholders or class of shareholders whereas in share buy-back company makes an offer and it is up to the shareholders whether to accept or not.
  • In share capital reduction company can cancel shares with or without consideration whereas in share buyback company makes an offer for a buyback price.

Share Capital Reduction

Capital Reduction can be equal or selective for a class of shareholders

  • Equal reduction relates to ordinary shares where a simple members’ resolution is required and is applied equally to all shareholders.
  • Selective Reduction can relate to any class or group of shareholders where two resolutions are required
    • a special resolution passed by those shareholders whose shares are to be cancelled.
    • a resolution passed by 100% ordinary shareholders.

Share Buy Back

A “buy-back” involves a company offering to purchase issued shares from existing shareholders. The buyback by the company can also be (a) equal or (b) selective. The company must follow the procedures laid down in Division 2 of Part 2J.1 of the Corporations Act in order to buy back its own shares.

We will complete all the processes and provide you with all the minutes and resolutions and other documents required for execution, and lodge Form 484 with ASIC. If you are our annual subscriber, we will keep records of the same digitally as an official company record.


Documents we provide (Soft Copy)

  • Minutes of the director’s meeting
  • Notice and Minutes of member’s meeting (as required)
  • Member Register
  • Copy of ASIC Forms
  • Updated Company Statement from ASIC

How to Order


In order for us to lodge the forms with ASIC you need to appoint us a Registered ASIC Agent of the company if you have not appointed us previously.   Download Order Form


Steps:

  1. Download the forms and invoice from the links. (Annual subscribers do not pay)
  2. Fill out the form and return it to us along with the payment receipt at companychanges@trustdeed.com.au
  3. We will prepare the required documents and ASIC forms and send you for review and signature.
  4. You review and sign the form and documents and return them to us.
  5. We will lodge the form with ASIC on the same day and send you the current company extract from ASIC.

Note: If you are not an annual subscriber, we will cease ourselves as your ASIC agent immediately after completing the service.

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How to use our service?

Phone : 02 9684 4199
Email : sales@trustdeed.com.au

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Specific legal advice

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