C2C1Part 38Companies: interpretation

Annotations:
Modifications etc. (not altering text)
C2

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

Other definitions

1164Meaning of “banking company” and “banking group”

1

This section defines “banking company” and “banking group” for the purposes of the Companies Acts.

2

Banking company” means a person who has permission under F1Part 4A of the Financial Services and Markets Act 2000 (c. 8) to accept deposits, other than—

a

a person who is not a company, and

b

a person who has such permission only for the purpose of carrying on another regulated activity in accordance with permission under that Part.

3

The definition in subsection (2) must be read with section 22 of that Act, any relevant order under that section and Schedule 2 to that Act.

4

References to a banking group are to a group where the parent company is a banking company or where—

a

the parent company's principal subsidiary undertakings are wholly or mainly credit institutions, and

b

the parent company does not itself carry on any material business apart from the acquisition, management and disposal of interests in subsidiary undertakings.

“Group” here means a parent undertaking and its subsidiary undertakings.

5

For the purposes of subsection (4)—

a

a parent company's principal subsidiary undertakings are the subsidiary undertakings of the company whose results or financial position would principally affect the figures shown in the group accounts, and

b

the management of interests in subsidiary undertakings includes the provision of services to such undertakings.