The Open-Ended Investment Companies Regulations 2001

6.—(1)  [F1 The provisions of the Companies Act 2006] referred to in paragraph 5 have effect with such modifications as are necessary or appropriate for the purposes of this Schedule.

(2) In particular, any reference in those provisions to [F2 a merger by absorption, a merger by formation of a new company or a division] is to be taken to be a reference to a scheme falling within sub-paragraph (a), (b) or (c) of paragraph 4(1).

(3) Without prejudice to the generality of sub-paragraph (1), the following references in those provisions have effect as follows, unless the context otherwise requires—

(a) any reference to a scheme is to be taken to be a reference to a scheme falling within any of sub-paragraphs (a) to (c) of paragraph 4(1);

(b) any reference to a company is to be taken to be a reference to an open-ended investment company;

(c) any reference to members is to be taken to be a reference to shareholders of an open-ended investment company;

(d) any reference to the registered office of a company is to be taken to be a reference to the head office of an open-ended investment company;

(e) any reference to the F3 ... articles of a company is to be taken to be a reference to the instrument of incorporation of an open-ended investment company;

(f) any reference to a report under [F4 section 593 of the 2006 Act (public company: valuation of non-cash consideration for shares)] is to be taken to be a reference to any report with respect to the valuation of any non-cash consideration given for shares in an open-ended investment company which may be required by [F5 FCA rules];

(g) any reference to annual accounts is to be taken to be a reference to the accounts contained in the annual report of an open-ended investment company;

F6 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) any reference to the requirements of [F7 the Companies Act 2006] as to balance sheets forming part of a company’s annual accounts is to be taken to be a reference to any requirements arising by virtue of [F5 FCA rules] as to balance sheets drawn up for the purposes of the accounts contained in the annual report of an open-ended investment company;

(j) any reference to paid up capital is to be taken to be a reference to the share capital of an open-ended investment company.

Textual Amendments

F1 Words in Sch. 6 para. 6(1) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 223(5)(a) (with arts. 6, 11, 12)

F2 Words in Sch. 6 para. 6(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 223(5)(b) (with arts. 6, 11, 12)

F3 Words in Sch. 6 para. 6(3)(e) omitted (12.5.2011) by virtue of The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 1(2), Sch. 2 para. 33(a) (with Sch. 3)

F4 Words in Sch. 6 para. 6(3)(f) substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 1(2), Sch. 2 para. 33(b) (with Sch. 3)

F5 Words in Regulations substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 41(2)

F6 Sch. 6 para. 6(3)(h) omitted (6.4.2008) by virtue of The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 223(5)(c)(i) (with arts. 6, 11, 12)

F7 Words in Sch. 6 para. 6(3)(i) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 223(5)(c)(ii) (with arts. 6, 11, 12)