Companies Ordinance Cap 32
Section Num: 49E Version Date 30/06/1997
Authority for contingent purchase contract
(1) A contingent purchase contract is a contract entered into by a company and relating to any of its shares-
(a) which does not amount to a contract to purchase those shares;
but
(b) under which the company may (subject to any conditions) become entitled or obliged to purchase those shares.
(2) A listed company may only make a purchase of its own shares in pursuance of a contingent purchase contract if the proposed contingent purchase contract is authorized in advance by a special resolution of the company before the contract is entered into, and section 49BA(5) and (6) applies to authorization for a proposed contingent purchase contract as to authorization for a proposed purchase agreement under section 49BA(1)(c).
(3) An unlisted company may only make a purchase of its own shares in pursuance of a contingent purchase contract if the contract is approved in advance by a special resolution of the company before the contract is entered into; and section 49D(3), (4), (5) and (6) applies to the contract and its terms.
(Added 77 of 1991 s. 4)
[cf. 1985 c. 6 s. 165 U.K.]