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Category Archives: Fundraising (Chapter 6D)

Section 729

Section 729(1) of the Corporations Act 2001 (Cth) provides that ‘a person’ who suffers loss because an offer of securities in a prospectus contravenes  s 728  of the Act may recover that loss from the person making the offer. CORPORATIONS ACT 2001 – SECT 729 Right to recover for loss or damage resulting from contravention Right to compensation (1)  A person who suffers […]

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Legal Nature of the Rule in Houldsworth

Helpfully explained by Merkel, Weinberg and Kenny JJ In summary, the rule in Houldsworth prevents a person who is a shareholder from claiming a debt, or making a claim, against the company in that person’s capacity as a shareholder of the company if payment of the debt or claim will directly or indirectly recoup the money subscribed by […]

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