Corporate membership restriction bars a subsidiary from holding shares in its holding company, voiding transfers and restricting voting rights. A body corporate is prohibited from being a member of its holding company and any allotment or transfer of shares to a subsidiary is void, subject to limited exceptions: representation of a deceased member and trustee holdings where the holding company is beneficially interested other than only as security in ordinary lending. A subsidiary that was already a member may continue but generally has no voting rights; the rules apply equally to nominees, and 'shares' includes members' interests in guarantee or unlimited holding companies.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Corporate membership restriction bars a subsidiary from holding shares in its holding company, voiding transfers and restricting voting rights.
A body corporate is prohibited from being a member of its holding company and any allotment or transfer of shares to a subsidiary is void, subject to limited exceptions: representation of a deceased member and trustee holdings where the holding company is beneficially interested other than only as security in ordinary lending. A subsidiary that was already a member may continue but generally has no voting rights; the rules apply equally to nominees, and "shares" includes members' interests in guarantee or unlimited holding companies.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.