SCHEDULES
F1F1SCHEDULE 9
F2Part IV Additional Disclosure: Emoluments and Other Benefits of Directors and Others
Sch. 9 Pts. II–IV added by Companies Act 1989 (c. 40, SIF 27), ss. 18(3)(4), 213(2), Sch. 7 (subject to the transitional and saving provisions mentioned in S.I. 1990/355, arts. 6–9) (Sch. 7 of the 1989 Act providing that the provisions have effect as Pts. II to IV of Sch. 9)
Loans, quasi-loans and other dealings
F32
Where a banking company, or a company which is the holding company of a credit institution, prepares annual accounts for a financial year, it need not comply with the provisions of Part II of Schedule 6 (loans, quasi-loans and other dealings) in relation to a transaction or arrangement of a kind mentioned in F4section 197, 198, 200, 201 or 203 of the Companies Act 2006 , or an agreement to enter into such a transaction or arrangement, to which that banking company or (as the case may be) credit institution is a party.
Other transactions, arrangements and agreements
3
F5Where a banking company, or a company which is the holding company of a credit institution, takes advantage of the provisions of paragraph 2 of this Part of this Schedule for the purposes of its annual accounts for a financial year, then, in preparing those accounts, it shall comply with the provisions of Part III of Schedule 6 (other transactions, arrangements and agreements) only in relation to a transaction, arrangement or agreement made by that banking company or (as the case may be) credit institution for—
a
a person who was a director of the company preparing the accounts, or who was connected with such a director, or
b
a person who was a chief executive or manager F7. . . of that company or its holding company.
2
References in that Part to officers of the company shall be construed accordingly as including references to such persons.
F83
In this paragraph—
a
“director” includes a shadow director;
b
“chief executive” has the meaning given in section 417 of the Financial Services and Markets Act 2000; and
c
“manager” has the meaning given in section 423(3) of that Act.
4
For the purposes of that Part as it applies by virtue of this paragraph, a F6body corporate which a person does not control shall not be treated as connected with him.
Sch. 9 repealed (6.4.2008) by Companies Act 2006 (c. 46), ss. 1295, 1300, Sch. 16; S.I. 2007/3495, art. 8(a), Sch. 2 Pt. 1 (with arts. 7, 12); Sch. 9 para. 3(4)(5) and certain words in Sch. 9 para. 3(3)(a) are expressed to be repealed (6.4.2008 with effect as stated in Sch. 1 para. 91(2) of the amending S.I.) by S.I. 2008/948, arts. 2(1), 3, Sch. 1 para. 90(1), Sch. 2 (with arts. 6, 11, 12)