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公司法并未对争取溢价硬性规定为义务。有争议的是,董事行使权力进行摊派股份时,有责任争取可能卖得最佳价格。除非董事行为不轨,为自己或其同事谋取私利。否则,对于董事们所发行股票的价格不应视为渎职。公司为取得现金而分配股票时,公司章程规定除非股东无优先购股权,否则,公司通常必须首先向现有股东发售股票。向现有股东发售股票时,没有义务一定要卖得最好价格。——在优惠发行中,通常的发行惯例是将发行价格定得低
Corporations Act does not oblige to strive for a mandatory premium. Controversially, it is incumbent on directors to exercise their authority to apportion shares in the fight for the best price they may sell. Unless the director misconducts himself or his colleagues for personal gain. Otherwise, the price of the shares issued by the directors should not be regarded as a malfeasance. When a company allocates shares for cash purposes, the articles of association provide that companies typically must first offer their shares to existing shareholders unless they have no preemptive option. When selling shares to existing shareholders, there is no obligation to sell the best price. - In the case of a bonus offer, the usual practice is to set the issue price low