A company has £1 nominal value shares. The directors propose to issue new shares at 90p each. What is the legal position?

Answer and explanation

Correct answer: D. This is unlawful because shares cannot be issued at a discount

  1. Step 1: Section 580 of the Companies Act 2006 prohibits issuing shares at a discount to nominal value.
  2. Step 2: Issuing at a premium is permitted, and the premium goes to the share premium account.
Answer
This is unlawful because shares cannot be issued at a discount.
Why not the others: Unanimous approval cannot make an unlawful issue lawful. Recording the discount in the share premium account does not make it lawful. The prohibition applies to both private and public companies.

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