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CORPORATIONS ACT 2001 - SECT 254E Court validation of issue

CORPORATIONS ACT 2001 - SECT 254E

Court validation of issue

  (1)   On application by a company, a shareholder, a creditor or any other person whose interests have been or may be affected, the Court may make an order validating, or confirming the terms of, a purported issue of shares if:

  (a)   the issue is or may be invalid for any reason; or

  (b)   the terms of the issue are inconsistent with or not authorised by:

  (i)   this Act; or

  (ii)   another law of a State or Territory; or

  (iii)   the company's constitution (if any).

  (2)   On lodgment of a copy of the order with ASIC, the order has effect from the time of the purported issue.