Mosely v Koffyfontein Mines Ltd
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| Mosely v Koffyfontein Mines Ltd | |
|---|---|
| Citation(s) | [1904] 2 Ch 108 |
| Keywords | |
| Share, nominal value, issue at discount | |
Mosely v Koffyfontein Mines Ltd [1904] 2 Ch 108 is a UK company law case concerning shares. It held that if debentures are convertible into shares, they may not be issued at a price below the nominal share price.
Facts
Debentures, convertible into shares, were issued at a price 20 per cent below the nominal share price. Shares were trading at 4 shillings. Although debentures can be issued at a ‘discount’, it was argued that their convertibility meant that this contravened the rule against shares being issued at a discount, now found in CA 2006 section 580.
Judgment
Held, that even though it was not an avoidance scheme, this was caught by the no issuing shares at a discount rule.
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