Part 5Loan Relationships

Chapter 3The credits and debits to be brought into account: general

Rules differing from generally accepted accounting practice

322Release of debts: cases where credits not required to be brought into account

(1)

This section applies if—

(a)

a liability to pay an amount under a company's debtor relationship is released, and

(b)

the release takes place in an accounting period for which an amortised cost basis of accounting is used in respect of that relationship.

(2)

The company is not required to bring into account a credit in respect of the release for the purposes of this Part if F1any of conditions A to F2E is met.

(3)

Condition A is that the release is part of a statutory insolvency arrangement.

(4)

Condition B is that the release is F3not a release of relevant rights and is—

(a)

in consideration of shares forming part of the ordinary share capital of the debtor company, or

(b)

in consideration of any entitlement to such shares.

F4(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Condition C is that—

(a)

the debtor company meets one of the insolvency conditions (see subsection (6)), and

(b)

the debtor relationship is not a connected companies relationship (see section 348).

F5(5A)

Condition D is that the liability is released in consequence of F6the making of a mandatory reduction instrument or a third country instrument or the exercise of a stabilisation power under Part 1 of the Banking Act 2009 F7or the exercise of a third-country instrument or a stabilisation power under Schedule 11 to the Financial Services and Markets Act 2023.

F8(5B)

Condition E is that—

(a)

the release is neither a deemed release, as defined by section 358(3), nor a release of relevant rights, and

(b)

immediately before the release, it is reasonable to assume that, without the release and any arrangements of which the release forms part, there would be a material risk that at some time within the next 12 months the company would be unable to pay its debts.

(6)

For the purposes of this section a company meets the insolvency conditions if—

(a)

it is in insolvent liquidation,

(b)

it is in insolvent administration,

(c)

it is in insolvent administrative receivership,

(d)

an appointment of a provisional liquidator is in force in relation to the company under section 135 of the Insolvency Act 1986 (c. 45) or Article 115 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or

(e)

under the law of a country or territory outside the United Kingdom circumstances corresponding to those mentioned in paragraph (a), (b), (c) or (d) exist.

F9(6A)

In subsections (4) and (5B)(a), “relevant rights” has the same meaning as in section 358.

(7)

Section F10323(A1) applies for the interpretation of subsection (5B)(b); and the rest of section 323 applies for the interpretation of subsection (6).

(8)

For further cases where no credit in respect of the release is to be brought into account, see—

(a)

section 358 (exclusion of credits on release of connected companies debts: general), and

(b)

section 359 (exclusion of credits on release of connected companies debts during creditor's insolvency).