(215 ILCS 5/28) (from Ch. 73, par. 640)
(Section scheduled to be repealed on January 1, 2017)
Sec. 28. Dealing in shares of company.
(1) A company subject to the provisions of this article shall have the power to purchase, take, receive, or otherwise acquire, hold, own, pledge, transfer, or otherwise dispose of its own shares, provided that it shall not purchase, either directly or indirectly, its own shares when its net assets are less than the sum of its paid-up capital, and its required surplus, any surplus arising from unrealized appreciation in value or revaluation of its assets and any surplus arising from surrender to the corporation of any of its shares, or when by so doing its net assets would be reduced below the minimum capital and surplus requirements of section 13 hereof, and as set forth in the articles of incorporation. Notwithstanding the foregoing limitations, a company may purchase its own shares for any of the following purposes:
(a) eliminating fractional shares;
(b) collecting or compromising claims of the company
or securing any indebtedness to the company previously incurred;
(c) paying dissenting shareholders entitled to
payment for their shares in the event of a merger or consolidation;
(d) effecting a plan for the mutualization of the
company; or
(e) furthering a general savings and investment plan
for employees of the company.
(2) No shares which are or have been reacquired, purchased, pledged or held pursuant to paragraph (1) of this section shall be considered an admitted asset as defined in this Code, or considered in determining the solvency of such company.
(Source: Laws 1959, p. 631.)
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Last modified: February 18, 2015