South Australian Consolidated Acts

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CORPORATIONS (SOUTH AUSTRALIA) ACT 1990 - SECT 97

97—Certain land transfers by companies not to constitute reduction of share capital

        (1)         Where land under the operation of the Real Property Act 1886 is comprised in—

            (a)         a strata plan deposited under the Strata Titles Act 1988 ; or

            (aa)         a community plan deposited under the Community Titles Act 1996 ; or

            (b)         a plan of division under Part 19AB of the Real Property Act 1886 ,

and, at the time the plan was deposited, filed or enrolled, the proprietor of that land was a company, the transfer by the company of—

            (c)         a unit on the strata plan; or

            (ca)         a lot on the community plan; or

            (d)         an allotment on the plan of division,

in exchange for or in satisfaction of a right of the kind referred to in section 195(13) of the Corporations Law, does not of itself constitute, and is to be taken never to have constituted, a reduction of the share capital of the company.

        (2)         Subsection (1) does not apply to a transfer made on or after the commencement of section 9 of the Corporations (South Australia) (Miscellaneous) Amendment Act 2000 .



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