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AI Summary of 203. Declaration to be made in the case of financial assistance for acquisition of shares or transaction with directors
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203. Declaration to be made in the case of financial assistance for acquisition of shares or transaction with directors
Amendments (requiring commencement) by s. 16 of the Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (No. 44), published 12 November 2024.
(1) Where the restricted activity is a transaction or arrangement that would otherwise be prohibited by section 82(2) or 239, the declaration shall state -
(a) the circumstances in which the transaction or arrangement is to be entered into;
(b) the nature of the transaction or arrangement;
(c) the person or persons to or for whom the transaction or arrangement is to be made;
(d) the purpose for which the company is entering into the transaction or arrangement;
(e) the nature of the benefit which will accrue to the company directly or indirectly from entering into the transaction or arrangement; and
(f) that the declarants have made a full inquiry into the affairs of the company and that, having done so, they have formed the opinion that the company, having entered into the transaction or arrangement (the "relevant act"), will be able to pay or discharge its debts and other liabilities in full as they fall due during the period of 12 months after the date of the relevant act.