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As enacted
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Part IV · Shares and Debentures Prospectus

71. Transactions not prohibited by section 70

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The provisions of section 70 shall not apply to the giving of financial assistance by a company for the purpose of or in connection with the acquisition of its own shares, if—

(a)

the company’s principal purpose in giving the assistance is not to give it for the purpose of that acquisition or the giving of the assistance is an incidental part of any other larger purpose of the company; and

(b)

the assistance is given in good faith in the interest of the company.

(2)

The provisions of section 70 shall also not apply in respect of—

(a)

a distribution to a shareholder approved under section 56;

(b)

the issue of shares by the company;

(c)

a repurchase or redemption of shares by the company;

(d)

anything done in terms of a compromise reached under the provisions of Part IX or a compromise or arrangement approved under the provisions of

Part X;

(e)

the lending of money by a company in the ordinary course of business, where the ordinary business of the company includes the lending of money;

(f)

the provision by a company in good faith in the interest of the company, of financial assistance for the purposes of an employees’ share scheme;

(g)

the granting of loans by a company to its employees other than directors in good faith in the interest of the company, with a view to enabling those persons to acquire beneficial ownership of shares in the company.

CROSS-HOLDINGS

Part V

Shareholders and Their Rights and Obligations

Part VI

Registration of Charges Registration of Charges with Registrar

Part VII

Management and Administration Registered Office

Part VIII

Amalgamations

Part IX

Compromises with Creditors

Part X

Approval of Arrangements, Amalgamations, and Compromises by Court

Part XI

Provisions Relating to Offshore Companies

Part XII

Winding Up

Part XIII

Administrators Appointment of Administrator

Part XIV

Floating Charges

Part XV

Receivers and Managers

Part XVI

Registrar-General of Companies and Registration Appointment of Officers

Part XVII

Application of Act to Existing Companies

Part XVIII

Overseas Companies

Part XIX

Advisory Commission

Part XX

Companies Disputes Board

Part XXI

Offences Miscellaneous Offences

Part XXII

Miscellaneous Prohibition of Partnership with More Than Twenty Members

Part XXIII

Repeals and Amendments

Schedules