Companies

Share Classes Definition

What are the LYD Standard Share Classes?

Rule 4 – Classes of Shares

Subject to this constitution and any rights or restrictions attached to other classes of shares:


4.1 Ordinary shares confer: 

a) the right to vote at meetings of Members; 

b) the right to receive all Dividends from the Company; 

c) the right to participate in the distribution of assets on winding up of the Company; 

d) the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

4.2 Class A Shares confer: 

a) the right to vote at meetings of Members; 

b) the right to receive all Dividends from the Company; 

c) the right to participate in the distribution of assets on winding up of the Company; 

d) the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

 

4.3 Class B Shares confer the right: 

a) the right to vote at meetings of Members; 

b) the right to receive all Dividends from the Company; 

c) the right to participate in the distribution of assets on winding up of the Company; 

d) the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

 

4.4 Class C shares confer: 

a) no right to vote at meetings of Members; 

b) the right to receive all Dividends from the Company; 

c) the right to participate in the distribution of assets on winding up of the Company; 

d) the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

 

4.5 Class D shares confer: 

a) no right to vote at meetings of Members; 

b) the right to receive all Dividends from the Company; 

c) the right to participate in the distribution of assets on winding up of the Company; 

d) the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

 

4.6 Class E shares confer: 

a) no right to vote at meetings of Members; 

b) the right to receive all Dividends from the Company; 

c) the right to participate in the distribution of assets on winding up of the Company; 

d) the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

 

4.7 Class F shares confer: 

a) no right to vote at meetings of Members; 

b) the right to receive all Dividends from the Company; 

c) the right to participate in the distribution of assets on winding up of the Company; 

d) the right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights.  

 

4.8 Class G Shares confer: 

a) No right vote at meetings of Members; and 

b) The right to receive Dividends, franked or unfranked, at the rate (fixed or variable) determined by the Directors; and 

c) No right to participate in the distribution of assets on winding up of the Company; and 

d) No right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights; and 

e) The right to be automatically cancelled and cease to exist upon the employee's departure from the Company, whether through resignation, termination, death, divorce, retirement, or any permanent incapacity. 

 

4.9 Class H Shares confer: 

a) No right vote at meetings of Members; and 

b) The right to receive Dividends from the Company; and 

c) No right to participate in the distribution of assets on winding up of the Company. 

d) No right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

 

4.10 Class I Shares confer: 

a) No right vote at meetings of Members; and 

b) The right to receive Dividends from the Company; and 

c) No right to participate in the distribution of assets on winding up of the Company. 

d) No right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

 

4.11 Class J Shares confer: 

a) No right vote at meetings of Members; and 

b) The right to receive Dividends from the Company; 

c) No right to participate in the distribution of assets on winding up of the Company. 

d) No right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

 

4.12 Class O Redeemable Preference Shares confer: 

a) The right to vote at meetings of Members; and 

b) No right to receive Dividends from the Company; and 

c) The right to participate in the distribution of assets on winding up of the Company. 

d) No right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. The company may at any time redeem all or redeem any one or more Class O Redeemable Preference Shares. If the company elects to do so: 

  • i. The company will give the holder of the shares to be redeemed seven days written notice of the redemption; 
  • ii. The notice will be delivered or posted to the Notice Address for the holder of those shares with a cheque for the amount paid up in respect of those shares; and 
  • iii. Any redemption under this Rule will be effective immediately upon the expiry of seven days from the delivery or posting of the notice of redemption. 

 

4.13 Class P Redeemable Preference Shares confer: 

a) No right to vote at meetings of Members; and 

b) The right to receive Dividends from the Company; and 

c) The right to participate in the distribution of assets on winding up of the Company. 

d) No right to participate in any division of any surplus assets or profits of the Company equally with all other members having similar rights. 

The company may at any time redeem all or redeem any one or more Class P Redeemable Preference Shares. If the company elects to do so: 

  • i. The company will give the holder of the shares to be redeemed seven days written notice of the redemption; 
  • ii. The notice will be delivered or posted to the Notice Address for the holder of those shares with a cheque for the amount paid up in respect of those shares; and 
  • iii. Any redemption under this Rule will be effective immediately upon the expiry of seven days from the delivery or posting of the notice of redemption.

 

Special class ordinary shares which is detailed as ‘SPE’ and confer only the right:
    1. to join in passing resolutions of Members without a meeting, to join in requesting or calling meetings of Members, to receive notice of meetings of Members, and to attend, speak, vote and demand a poll at meetings of Members; and
    2. not be paid a dividend where the company is acting as a Trustee of a Trust or superannuation fund.
 
 
Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 23/05/2024