§ 64A — Issue of shares with different voting rights by public company

64A.—(1) Different classes of shares in a public company may be issued only if —(a)

the issue of the class or classes of shares is provided for in the constitution of the public company; and

(b)

the constitution of the public company sets out in respect of each class of shares the rights attached to that class of shares.[36/2014]

(2) Without limiting subsection (1) but subject to the conditions of subsection (1)(a) and (b), shares in a public company may —(a)

confer special, limited, or conditional voting rights; or

(b)

not confer voting rights.[36/2014]

(3) Despite anything in subsection (1) or (2), a public company must not undertake any issuance of shares in the public company that confers special, limited or conditional voting rights, or that confers no voting rights unless it is approved by the members of the public company by special resolution.[36/2014]

(4) Where a public company has one or more classes of shares that confer special, limited or conditional voting rights, or that confer no voting rights, the notice of any general meeting required to be given to a person entitled to receive notice of the meeting must specify the special, limited or conditional voting rights, or the absence of voting rights, in respect of each such class of shares.[36/2014]

(5) This section does not operate so as to limit or derogate from the rights of any person under section 74.[36/2014]

(6) Nothing in this section affects the right of a private company, subject to its constitution, to issue shares of different classes, including shares conferring special, limited or conditional voting rights or no voting rights, as the case may be.[36/2014]

—(1) Different classes of shares in a public company may be issued only if —(a)

the issue of the class or classes of shares is provided for in the constitution of the public company; and

(b)

the constitution of the public company sets out in respect of each class of shares the rights attached to that class of shares.[36/2014]

(2) Without limiting subsection (1) but subject to the conditions of subsection (1)(a) and (b), shares in a public company may —(a)

confer special, limited, or conditional voting rights; or

(b)

not confer voting rights.[36/2014]

(3) Despite anything in subsection (1) or (2), a public company must not undertake any issuance of shares in the public company that confers special, limited or conditional voting rights, or that confers no voting rights unless it is approved by the members of the public company by special resolution.[36/2014]

(4) Where a public company has one or more classes of shares that confer special, limited or conditional voting rights, or that confer no voting rights, the notice of any general meeting required to be given to a person entitled to receive notice of the meeting must specify the special, limited or conditional voting rights, or the absence of voting rights, in respect of each such class of shares.[36/2014]

(5) This section does not operate so as to limit or derogate from the rights of any person under section 74.[36/2014]

(6) Nothing in this section affects the right of a private company, subject to its constitution, to issue shares of different classes, including shares conferring special, limited or conditional voting rights or no voting rights, as the case may be.[36/2014]