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ARTICLE · 19 MARCH 2026

Can you transfer what doesn't exist? Section 444GA and charities explained

Bartier Perry Solicitors
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The provision is designed to facilitate corporate restructures where shareholder consent cannot be obtained but where the transfer of shares is critical to achieving the DOCA's purpose.

AustraliaCorporate/Commercial Law
Adam Cutri
Adam Cutri
Haya Kaiyum
Haya Kaiyum
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Operation and application to charities and not-for-profits

What does s 444GA allow?

Section 444GA of the Corporations Act 2001 (Cth) permits the administrator of a deed of company arrangement (DOCA) to transfer shares in a company where the transfer is necessary to give effect to the DOCA. Such a transfer may occur:

  • with the written consent of the share owner; or
  • with leave of the Court.

The provision is designed to facilitate corporate restructures where shareholder consent cannot be obtained but where the transfer of shares is critical to achieving the DOCA's purpose.

Who can oppose an application?

An application for leave under s 444GA may be opposed only by the following persons:

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