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How to handle purchase of own company shares

Paula Tallon, Paul Howard (Gabelle) and Adam Bradley (Taylor Vinters) present a practical guide to the legal and tax issues that need to be addressed on a buyback by a private company out of distributable profits.

There are a number of ways for both private and public companies to buy back their shares. This article focuses on the most common type of buyback a buyback by a private company out of distributable profits. It is intended for use as a practical guide to the legal and tax issues that need to be addressed on a buyback.
 

Legal issues

 
A share buyback by a private company will almost always be an ‘off-market’ purchase. An off-market purchase is one where either:
  • the shares are not bought on a recognised investment exchange (as defined in Part 18...

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