Section 664B — Corporations Act 2001 (Cth)

(1) The 90% holder may acquire the securities in the class for a cash sum only and, subject to subsection (2), must pay the same amount for each security in the class acquired.

(2) The 90% holder may pay different amounts for the securities in the class acquired if the differences are attributable to either or both of the following:

(a) the fact that there are differences in the accrued dividend or distribution entitlements of the securities;

(b) the fact that there are differences in the amounts paid up, or that remain unpaid, on the securities.

Related sections

• s 663C — Right of holders of convertible securities to be bought out
• s 664A — Threshold for general compulsory acquisition power
• s 664AA — Time limit on exercising compulsory acquisition power
• s 664C — Compulsory acquisition notice
• s 664D — Benefits outside compulsory acquisition procedure
• s 664E — Holder’s right to object to the acquisition

Research how courts apply s 664B

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.