TASIn ForceAct
Rail Company Act 2009
33Sale of Company
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### 33 Sale of Company
> > (1) While all the shares in the Company are held in trust for the Crown, the members, jointly, may do one or more of the following:
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> > > > (a) sell their shares in the Company;
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> > > > (b) direct the Company to sell its shares in a subsidiary of the Company;
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> > > > (c) direct the Company to sell all or any of its assets;
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> > > > (d) require the Company to direct a subsidiary of the Company to sell all or any of its assets.
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> > (2) A direction or requirement is to be in writing.
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> > (3) The Company, and a subsidiary of the Company, are to comply with a direction or requirement.
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> > (4) [*\[Section 33 Subsection (4) amended by No. 20 of 2025, s. 20, Applied:27 Nov 2025\]*](/view/html/inforce/2025-11-27/act-2025-020#GS20@Hpa@EN) Despite [subsection (1)](#GS33@Gs1@EN) , the members may not –
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> > > > (a) sell their shares in the Company; or
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> > > > (b) direct the Company to sell its shares in a subsidiary of the Company; or
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> > > > (c) direct the Company to sell all its assets or substantial assets; or
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> > > > (d) require the Company to direct a subsidiary of the Company to sell all its assets or substantial assets –
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> > unless at least two-thirds of the members of each House of Parliament have passed a motion that approves that sale of shares, that direction to sell shares or substantial assets or that requirement.
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> > (5) In [subsection (4)](#GS33@Gs4@EN) –
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> > > ***substantial assets***, in relation to the Company, or a subsidiary of the Company, means an asset or 2 or more assets which, if sold, would affect the operation of the Company or of the subsidiary.
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> > (6) [*\[Section 33 Subsection (6) omitted by No. 20 of 2025, s. 20, Applied:27 Nov 2025\]*](/view/html/inforce/2025-11-27/act-2025-020#GS20@Hpb@EN) . . . . . . . .