[F1PART 2U.K.Holding an interest in a company etc
Textual Amendments
F1Schs. 1A, 1B inserted (26.5.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 2; S.I. 2015/1329, reg. 3(a); S.I. 2015/2029, reg. 4(a)
IntroductionU.K.
7U.K.This Part of this Schedule specifies the circumstances in which, for the purposes of section 790C(4) or (8)—
(a)a person (“V”) is to be regarded as holding an interest in a company (“company W”);
(b)an interest held by V in company W is to be regarded as held through a legal entity.
Holding an interestU.K.
8(1)V holds an interest in company W if—U.K.
(a)V holds shares in company W, directly or indirectly,
(b)V holds, directly or indirectly, voting rights in company W,
(c)V holds, directly or indirectly, the right to appoint or remove any member of the board of directors of company W,
(d)V has the right to exercise, or actually exercises, significant influence or control over company W, or
(e)sub-paragraph (2) is satisfied.
(2)This sub-paragraph is satisfied where—
(a)the trustees of a trust or the members of a firm that, under the law by which it is governed, is not a legal person hold an interest in company W in a way mentioned in sub-paragraph (1)(a) to (d), and
(b)V has the right to exercise, or actually exercises, significant influence or control over the activities of that trust or firm.
Interests held through a legal entityU.K.
9(1)This paragraph applies where V—U.K.
(a)holds an interest in company W by virtue of indirectly holding shares or a right, and
(b)does so by virtue of having a majority stake (see paragraph 18) in—
(i)a legal entity (“L”) which holds the shares or right directly, or
(ii)a legal entity that is part of a chain of legal entities such as is described in paragraph 18(1)(b) or (2)(b) that includes L.
(2)Where this paragraph applies, V holds the interest in company W—
(a)through L, and
(b)through each other legal entity in the chain mentioned in sub-paragraph (1)(b)(ii).]