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Finance (No. 2) Act 2017

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This is the original version (as it was originally enacted).

Commercial terms condition

22(1)The commercial terms condition is met in relation to a qualifying loan if—

(a)either—

(i)it is reasonable to assume that, had the qualifying loan been made in the ordinary course of a lending business, loans on terms comparable to those of the qualifying loan would have been available to members of the public, or

(ii)the qualifying loan was made in the ordinary course of a lending business, and

(b)the borrower has, in all material respects, complied with the terms of the loan.

(2)For the purposes of sub-paragraph (1), a loan is made in the ordinary course of a lending business if it is made by a person in the ordinary course of a business carried on by the person which includes—

(a)the lending of money, or

(b)the supplying of goods or services on credit.

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