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Companies Act 1989

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This is the original version (as it was originally enacted).

190Minor definitions

(1)In this Part—

  • “administrative receiver” has the meaning given by section 251 of the Insolvency Act 1986;

  • “charge” means any form of security, including a mortgage and, in Scotland, a heritable security;

  • “clearing house” has the same meaning as in the [1986 c. 60.] Financial Services Act 1986;

  • “interim trustee” and “permanent trustee” have the same meaning as in the Bankruptcy (Scotland) Act 1985;

  • “investment” and “investment exchange” have the same meaning as in the Financial Services Act 1986;

  • “overseas”, in relation to an investment exchange or clearing house, means having its head office outside the United Kingdom;

  • “recognised” means recognised under the Financial Services Act 1986;

  • “set-off”, in relation to Scotland, includes compensation;

  • “The Stock Exchange” means The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited;

  • UK”, in relation to an investment exchange or clearing house, means having its head office in the United Kingdom.

(2)References in this Part to settlement in relation to a market contract are to the discharge of the rights and liabilities of the parties to the contract, whether by performance, compromise or otherwise.

(3)In this Part the expressions “margin” and “cover for margin” have the same meaning.

(4)References in this Part to ensuring the performance of a transaction have the same meaning as in the [1986 c. 60.] Financial Services Act 1986.

(5)For the purposes of this Part a person shall be taken to have notice of a matter if he deliberately failed to make enquiries as to that matter in circumstances in which a reasonable and honest person would have done so.

This does not apply for the purposes of a provision requiring “actual notice”.

(6)References in this Part to the law of insolvency include references to every provision made by or under the [1986 c. 45.] Insolvency Act 1986 or the [1985 c. 66.] Bankruptcy (Scotland) Act 1985; and in relation to a building society references to insolvency law or to any provision of the [1986 c. 45.] Insolvency Act 1986 are to that law or provision as modified by the [1986 c. 53.] Building Societies Act 1986.

(7)In relation to Scotland, references in this Part—

(a)to sequestration include references to the administration by a judicial factor of the insolvent estate of a deceased person, and

(b)to an interim or permanent trustee include references to a judicial factor on the insolvent estate of a deceased person,

unless the context otherwise requires.

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