Skip to content
The scales of justice on a plain background

Ooregum Gold Mining Co of India Ltd v Roper

1892 · [1892] AC 125

Posted By lanbuk.com

Facts
A company issued preference shares of one pound each credited as fifteen shillings paid, so that holders would pay only five shillings.
Issue
Could a company issue shares at a discount?
Held
No. The issue at a discount was beyond the company's powers, because the capital stated must be raised.
Principle
Shares may not be issued at a discount to their nominal value, except as statute allows.
Why it matters
It is a pillar of .

Words and Latin in this note

Capital maintenance
The rules that protect a company's share capital for its creditors, such as the bar on issuing shares at a discount (Ooregum) and on returning capital except as the Act allows (Trevor v Whitworth). Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.