Subject to the following provisions of this Chapter, a company limited by shares or limited by guarantee and having a share capital may, if authorised to do so by its articles, purchase its own shares (including any redeemable shares).
The terms and manner of a purchase under this section need not be determined by the articles as required by section 160(3).
Where a company makes a purchase of qualifying shares out of distributable profits under this section, section 162A applies to the shares purchased; and accordingly section 160(4) does not apply to those shares.
A company may not under this section purchase its shares if as a result of the purchase there would no longer be any member of the company holding shares other than redeemable shares or shares held as treasury shares .
For the purposes of this Chapter "qualifying shares" are shares which—
and in paragraph (a) "the official list" has the meaning given in section 103(1) of the Financial Services and Markets Act 2000.