Corporations Act 2001
A company may only redeem redeemable preference shares:
(a) if the shares are fully paid-up; and
(b) out of profits or the proceeds of a new issue of shares made for the purpose of the redemption.
Note 1: For a director ' s duty to prevent insolvent trading on redeeming redeemable preference shares, see section 588G .
[ CCH Note: Act No 180 of 2012, s 3, Sch 7 contained the following application provision (which was effective 11 December 2012):
Application of amendments made by this Act
The amendments made by this Act apply in relation to an act or omission by a body corporate occurring on or after the day this Act commences.