Document ID: chunk:federal_register_of_legislation:C2025C00185:section:414:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 414 (pt 3/4)
Character Range: 1411240–1413847

remaining shares included in that class who, when the notice was given, had not assented to the scheme or contract or been given notice by the transferee under subsection (2); and
 (b) such a holder may, within 3 months after the giving of the notice to him, her or it by notice to the transferee, require the transferee to acquire his, her or its share and, where alternative terms were offered to the approving shareholders, elect which of those terms he, she or it will accept.
 (10) Where a shareholder gives notice under paragraph (9)(b) with respect to his, her or its shares, the transferee is entitled and bound to acquire those shares:
 (a) on the terms on which under the scheme or contract the shares of the approving shareholders were transferred to him, her or it and, where alternative terms were offered to those shareholders, on the terms for which the shareholder has elected, or where he, she or it has not so elected, for whichever of the terms the transferee determines; or
 (b) on such other terms as are agreed or as the Court, on the application of the transferee or of the shareholder, thinks fit to order.
 (10A) Without limiting the manner in which a notice mentioned in subsection (2) or paragraph (9)(a) may be given to a shareholder, the notice may be given to the shareholder personally.
 (10B) If a notice mentioned in subsection (2) or paragraph (9)(a) is given to a shareholder:
 (a) by sending the notice in a physical form in accordance with paragraph 110D(1)(a); or
 (b) by sending information in a physical form in accordance with paragraph 110D(1)(b);
the notice or information must be sent by prepaid post to the shareholder's address shown in the books of the transferor company.
 (11) Subsections (12) and (13) apply where a notice has been given under subsection (1) unless the Court, on an application made by the dissenting shareholder, orders to the contrary.
 (12) The transferee must, within 14 days after:
 (a) the end of one month after the day on which the notice was given; or
 (b) the end of 14 days after a statement under subsection (7) is supplied; or
 (c) if an application has been made to the Court by a dissenting shareholder—the application is disposed of;
whichever last happens:
 (d) send a copy of the notice to the transferor company together with an instrument of transfer that relates to the shares that the transferee is entitled to acquire under this section and is executed, on the shareholder's behalf, by a person appointed by the transferee and, on the transferee's own behalf, by the transferee; and
 (e) pay, allot or transfer to the