Part 6

Relationships treated as loan relationships etc
Chapter 10

Repos

Debtor repos and debtor quasi-repos

Meaning of debtor repo
548
1
For the purposes of this Chapter a company (“the borrower”) has a debtor repo if each of conditions A to E is met.
2
Condition A is that under an arrangement the borrower receives from another person (“the lender”) any money or other asset (“the advance”).
3
Condition B is that, in accordance with generally accepted accounting practice, the accounts of the borrower for the period in which the advance is received record a financial liability in respect of the advance.
4
Condition C is that under the arrangement the borrower sells any securities at any time to the lender.
5
Condition D is that the arrangement makes provision conferring a right or imposing an obligation on the borrower to buy those or similar securities at any subsequent time.
6
Condition E is that, in accordance with generally accepted accounting practice, the subsequent buying of those or similar securities would extinguish the financial liability in respect of the advance recorded in the accounts of the borrower.
7
For the purposes of conditions A to E references to the borrower include a firm of which the borrower is a member.
S. 548 applied by 2010 c. 4, s. 938I(3) (as inserted (19.7.2011) by Finance Act 2011 (c. 11), Sch. 5 para. 2)