PART 2J.1 - SHARE CAPITAL REDUCTIONS AND SHARE BUY-BACKS
Division 3 - Other share capital reductions
SECTION 258BRIGHT TO OCCUPY OR USE REAL PROPERTY
258B(1)[Shareholder's right to occupy or use]
If a company has a constitution, under it the company may grant to a shareholder, as a shareholder, a right to occupy or use real property that the company owns or holds under lease, whether the right is a lease or licence or a contractual right.
Note: Before the introduction of strata or unit titles systems, rights to occupy real property were sometimes based on a holding of shares in a company.
258B(2)[Transfer of interest in land]
A company may transfer to a person an interest in land in exchange for, or in satisfaction of, a right to occupy or use the land of the kind referred to in subsection (1).
Example: A person has a right to occupy an apartment in a block of units because they hold shares in a company. As part of converting the block of units to strata title, the person surrenders the shares in return for a transfer of strata title over the apartment. The capital reduction involved in the transfer is authorised under this subsection.