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Are shareholders obligated to extract cash when a business ceases?


Three shareholders subscribed £1m of capital in a company (Investco) which was set up to invest in property. After about three years the property had been acquired rented out and sold. The company ended up holding funds of approximately £1.8m after having paid tax on its profits. At this stage each shareholder wishes to go his separate way and to use ‘his’ share of Investco’s profits in his own company going forward. How can they best achieve this?


We have advised on a similar situation and recommended that the best way of achieving this would be for companies owned solely by the individual shareholders to respectively acquire shares in Investco through share for share exchanges. Following this reconstruction distributions could be made to the new holding companies...

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