Companies (Acquisition of Own Shares) (Treasury Shares) Regulations (Northern Ireland) 2004

Amendment of Article 331 of the 1986 Order

17.  In Article 331 of the 1986 Order (prohibition on directors dealing in share options) after paragraph (5) insert –

(6) This Article is not to be taken as penalising a director of a company who buys a right to call for delivery at a specified price within a specified time of a specified number of shares held as treasury shares by the company or by a relevant company which is that company’s subsidiary or holding company or a subsidiary of that company’s holding company.

(7) For the purposes of paragraph (6) –

(a)“relevant company” means a company listed in Article 1 of Council Directive 77/91/EEC(1), and

(b)shares of a relevant company (other than a company within the meaning of Article 3(1)) are held as treasury shares if –

(i)they fall within Article 172(4)(a) to (d) (qualifying shares), and

(ii)they are held by the relevant company in accordance with provisions of the law of a member State implementing Articles 19 to 22 of that Directive..

(1)

O.J. No. L26/77 with amendments 291/79, 345/80, 302/85, 347/92