9Transaction companies

#### 9 Transaction companies 9 Transaction companies > > (1) The Treasurer may for the purposes of an authorised transaction establish, or direct the establishment of, companies as transaction companies in any of the following ways— > > > > > (a) the formation or acquisition by or on behalf of the State or a SOC of a company limited by shares, so that all the issued shares in the company are held by or on behalf of the State or a SOC (or both), > > > > > (b) the formation or acquisition of a company as a wholly owned subsidiary company of a transaction company, > > > > > (c) the conversion of an electricity generator or transaction SOC into a company limited by shares as provided by Schedule 3. > > > (2) A transaction company that is a public sector agency may be converted from one kind of company to any other kind of company. > > > (3) Except by express agreement with the Treasurer— > > > > > (a) a transaction company is not and does not represent the State, and > > > > > (b) the debts, liabilities and obligations of a transaction company are not guaranteed by the State. > > > (4) The Treasurer may act for or on behalf of the State, a SOC or a transaction company that is a public sector agency in connection with the rights, privileges and benefits, and the duties, liabilities and obligations of the State, a SOC or transaction company as the holder of shares or other securities in a transaction company. > > > (5) Shares and other securities in a transaction company that is a public sector agency may be issued, sold or transferred in accordance with the directions of the Treasurer. The Treasurer may on behalf of the State, a SOC or a transaction company that is a public sector agency enter into and carry out transaction arrangements for the issue, sale or transfer of shares and other securities in a transaction company. > > > (6) An electricity generator that becomes a transaction company remains an electricity generator for the purposes of this Act (despite ceasing to be a statutory State owned corporation constituted by the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095)).