The Finance Act 2002, Schedule 26, Parts 2 and 9 (Amendment) Order 2004 No. 2201

PART 2 Amendment of Part 2 of Schedule 26 to the Finance Act 2002

7.  After paragraph 5 insert—

“Qualified exclusion: embedded derivatives whose underlying subject matter is shares

5A.— (1) Paragraph 4 does not prevent a relevant contract to which this paragraph applies from being a derivative contract.

(2) This paragraph applies to a relevant contract of a company if—

(a) it is a deemed relevant contract to which the company is treated as party under section 94A(2)(b) of the Finance Act 1996,

(b) its underlying subject matter consists, or is treated as consisting, wholly of shares in a company, and

(c) the company is party as a creditor to the host contract under section 94A(2)(a) of that Act.

(3) Paragraph 9 applies for the purpose of determining whether the underlying subject matter of a relevant contract is to be treated as consisting wholly of shares in a company.”.