[F1Capital market investmentN.I.
F1Sch. 1A inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 5(2), Sch. 3 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)
2.—(1) For the purposes of Article 59B an investment is a capital market investment if it—N.I.
(a)is within article 77 [F2or 77A] of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) (debt instruments), and
(b)is rated, listed or traded or designed to be rated, listed or traded.
(2) In sub-paragraph (1)—
“rated” means rated for the purposes of investment by an internationally recognised rating agency,
“listed” means admitted to the official list within the meaning given by section 103(1) of the Financial Services and Markets Act 2000 (c. 8) (interpretation), and
“traded” means admitted to trading on a market established under the rules of a recognised investment exchange or on a foreign market.
(3) In sub-paragraph (2)—
“recognised investment exchange” has the meaning given by section 285 of the Financial Services and Markets Act 2000 (recognised investment exchange), and
“foreign market” has the same meaning as “relevant market” in article 67(2) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (S.I. 2001/1335) (foreign markets).
F2Words in Sch. 1A para. 2(1)(a) inserted (24.2.2010) by Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (S.I. 2010/86), art. 4, Sch. para. 4(a)
3.—(1) An investment is also a capital market investment for the purposes of Article 59B if it consists of a bond or commercial paper issued to one or more of the following—N.I.
(a)an investment professional within the meaning of article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001,
(b)a person who is, when the agreement mentioned in Article 59B(1) is entered into, a certified high net worth individual in relation to a communication within the meaning of article 48(2) of that order,
(c)a person to whom article 49(2) of that order applies (high net worth company, &c.),
(d)a person who is, when the agreement mentioned in Article 59B(1) is entered into, a certified sophisticated investor in relation to a communication within the meaning of article 50(1) of that order, and
(e)a person in a State other than the United Kingdom who under the law of that State is not prohibited from investing in bonds or commercial paper.
(2) In sub-paragraph (1)—
“bond” shall be construed in accordance with article 77 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) [F3, and includes any instrument falling within article 77A of that Order], and
“commercial paper” has the meaning given by article 9(3) of that order.
(3) For the purposes of sub-paragraph (1)—
(a)in applying article 19(5) of the Financial Promotion Order for the purposes of sub-paragraph (1)(a)—
(i)in article 19(5)(b), ignore the words after “exempt person”,
(ii)in article 19(5)(c)(i), for the words from “the controlled activity” to the end substitute a controlled activity, and
(iii)in article 19(5)(e) ignore the words from “where the communication” to the end, and
(b)in applying article 49(2) of that order for the purposes of sub-paragraph (1)(c), ignore Article 49(2)(e).]
F3Sch. 1A para. 3(2): words in definition of "bond" inserted (24.2.2010) by Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (S.I. 2010/86), art. 4, Sch. para. 4(b)