Section 667C — Corporations Act 2001 (Cth)

(1) To determine what is fair value for securities for the purposes of this Chapter:

(a) first, assess the value of the company as a whole; and

(b) then allocate that value among the classes of issued securities in the company (taking into account the relative financial risk, and voting and distribution rights, of the classes); and

(c) then allocate the value of each class pro rata among the securities in that class (without allowing a premium or applying a discount for particular securities in that class).

(2) Without limiting subsection (1), in determining what is fair value for securities for the purposes of this Chapter, the consideration (if any) paid for securities in that class within the previous 6 months must be taken into account.

Related sections

• s 667A — Expert’s report
• s 667AA — Expert to be nominated
• s 667B — Expert must not be an associate and must disclose prior dealings and relationships
• s 668A — Company’s power to deal with unclaimed consideration for compulsory acquisition
• s 668B — Unclaimed consideration to be transferred to ASIC
• s 669 — ASIC’s power to exempt and modify

Research how courts apply s 667C

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