274Requirements for the giving of approvalU.K.
(1)Subject to section 275, the Commissioners for Her Majesty's Revenue and Customs must not approve a company for the purposes of this Part unless it is shown to their satisfaction that the conditions mentioned in subsection (2)—
(a)are met in relation to the most recent complete accounting period of the company, and
(b)will be met in relation to the accounting period of the company which is current when the application for approval is made.
(2)The conditions applied by subsection (1) (which are also applied by section 275(1) and other provisions of this Chapter) are set out in column 2 of the following table together with, in column 1 of the table, the descriptions by which they are referred to. In each of those conditions “the relevant period” means the accounting period that is relevant for the purposes of the particular provision by which the condition is applied.
| Description | Condition |
|---|---|
| The listing condition | The shares making up the company's ordinary share capital (or, if there are such shares of more than one class, those of each class) have been or will be [F1[F2admitted to trading on a regulated market] throughout the relevant period] |
| The nature of income condition | The company's income in the relevant period has been or will be derived wholly or mainly from shares or securities |
| The income retention condition | The company has not retained or will not retain an amount which is greater than 15% of the income it derived or will derive in the relevant period from shares or securities |
| The 15% holding limit condition | No holding in any company, other than a VCT or a company that would qualify as a VCT but for the listing condition, has represented or will represent at any time during the relevant period more than 15% by value of the company's investments |
| The 70% qualifying holdings condition | At least 70% by value of the company's investments has been or will be represented throughout the relevant period by shares or securities included in qualifying holdings of the company |
| The [F370%] eligible shares condition | At least [F370%] by value of the company's qualifying holdings has been or will be represented throughout the relevant period by holdings of eligible shares |
| [F4The investment limits condition | The company has not made and will not make an investment, in the relevant period, in a company which breaches the permitted investment limits] |
(3)The conditions mentioned in subsection (2) are supplemented as follows—
(a)the nature of income condition and the income retention condition by section 276,
(b)the 15% holding limit condition by section 277,
(c)the 15% holding limit condition, the 70% qualifying holdings condition and the [F570%] eligible shares condition by sections 278 and 279, F6...
(d)the 70% qualifying holdings condition and the [F770%] eligible shares condition by section 280[F8, F9...
(e)the 70% qualifying holdings condition by section 280A][F10, and
(f)the investment limits condition by section 280B].
[F11(4)In this section “regulated market” has the same meaning as in Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments (see Article 4.1(14)).
(5)The Treasury may by regulations amend—
(a)the first entry in the table in subsection (2) (the listing condition), or
(b)subsection (4).]
Textual Amendments
F1Words in s. 274(2) substituted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 26 para. 12(6)
F2Words in s. 274(2) substituted (6.4.2011) (with effect in accordance with Sch. 2 paras. 7(2), 8 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 2 para. 2(2)(a); S.I. 2011/662, art. 2
F3Word in s. 274(2) substituted (6.4.2011) (with effect in accordance with Sch. 2 paras. 6, 8 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 2 para. 2(2)(b); S.I. 2011/662, art. 2
F4Words in s. 274(2) inserted (17.7.2012) (with effect in accordance with Sch. 8 para. 18 of the amending Act) by Finance Act 2012 (c. 14), Sch. 8 para. 2(2)
F5Word in s. 274(3)(c) substituted (6.4.2011) (with effect in accordance with Sch. 2 paras. 6, 8 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 2 para. 2(2)(c); S.I. 2011/662, art. 2
F6Word in s. 274(3)(c) repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(16)
F7Word in s. 274(3)(d) substituted (6.4.2011) (with effect in accordance with Sch. 2 paras. 6, 8 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 2 para. 2(2)(c); S.I. 2011/662, art. 2
F8S. 274(3)(e) and word inserted (with effect in accordance with Sch. 16 para. 20(5) of the amending Act) by Finance Act 2007 (c. 11), Sch. 16 para. 20(2)(4)
F9Word in s. 274(3)(d) omitted (17.7.2012) (with effect in accordance with Sch. 8 para. 18 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 8 para. 2(3)
F10S. 274(3)(f) and preceding word inserted (17.7.2012) (with effect in accordance with Sch. 8 para. 18 of the amending Act) by Finance Act 2012 (c. 14), Sch. 8 para. 2(3)
F11S. 274(4)(5) inserted (6.4.2011) (with effect in accordance with Sch. 2 paras. 7(2), 8 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 2 para. 2(2)(d); S.I. 2011/662, art. 2