SCHEDULES

SCHEDULE 25F5Cases where section 747(3) does not apply

Annotations:
Amendments (Textual)
F5

Sch. 25 heading substituted (with effect in accordance with Sch. 17 para. 37 of the amending Act) by Finance Act 1998 (c. 36), Sch. 17 para. 25; S.I. 1998/3173, art. 2

C1PART II EXEMPT ACTIVITIES

Annotations:
Modifications etc. (not altering text)

9

1

Subject to sub-paragraph (3) below, for the purposes of paragraph 6(2)(a)(i) above, each of the following activities constitutes investment business—

a

the holding of securities, F1or intellectual property;

b

dealing in securities, other than in the capacity of a broker;

c

the leasing of any description of property or rights; and

d

the investment in any manner of funds which would otherwise be available, directly or indirectly, for investment by or on behalf of any person (whether resident in the United Kingdom or not) who has, or is connected or associated with a person who has, control, either alone or together with other persons, of the controlled foreign company in question.

F2F31A

In sub-paragraph (1)(a) above “intellectual property” includes (in particular)—

a

any industrial, commercial or scientific information, knowledge or expertise;

b

any patent, trade mark, registered design, copyright or design right;

c

any licence or other right in respect of intellectual property;

d

any rights under the law of a country outside the United Kingdom which correspond or are similar to those falling within paragraph (b) or (c) above.

2

In sub-paragraph (1)(b) above “broker” includes any person offering to sell securities to, or purchase securities from, members of the public generally.

3

For the purposes of paragraph 6(2) above, in the case of a company which is mainly engaged in F4business falling within paragraph 11(1)(c) below, nothing in sub-paragraph (1) above shall require the main business of the company to be regarded as investment business.