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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 194
Validation of shares improperly issued
194. (1) Where a company has purported to issue or allot shares and:
(a) the creation, issue or allotment of those shares is invalid by reason
of any provision of this or any other Act or of the memorandum or
articles of the company or for any other reason; or
(b) the terms of the purported issue or allotment are inconsistent with or
are not authorised by any such provision; the Court may, on
application by the company, by a holder or mortgagee of any of those
shares or by a creditor of the company and on being satisfied that in
all the circumstances it is just and equitable so to do, make an
order:
(c) validating the purported issue or allotment of those shares; or
(d) confirming the terms of the purported issue or allotment of the
shares; or both.
(2) On the lodging of an office copy of an order made under subsection (1),
the shares to which the order relates shall be deemed to have been validly
issued or allotted on the terms of the issue or allotment of the shares.
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