What are the types of shares a company may have and the rights attached to the shares?

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Section 69 of the Companies Act 2016

According to the Constitution of the Company, shares in a company may be:

  • Issued in different classes
  • Redeemable, if they are preference shares in accordance with Section 72
  • Confer preferential rights in terms of:
    • Dividends
    • Distribution of capital or income
  • Confer special, conditional or no voting rights

Section 71 of the Companies Act 2016

An ordinary share in a company confers on its holder:

  • The right to attend, participate and speak at shareholders’ meetings
  • The right to vote on a show of hands on any members’ resolution
  • The right to one vote per share on a poll on any members’ resolution
  • The right to an equal share in the distribution of the surplus assets
  • The right to share in dividends as authorized by the Board of Directors

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