PART VTRANSFER OF UNDERTAKING OF NORTHERN IRELAND AIRPORTS LIMITED
Finances of the successor company
Statutory reserves60.
(1)
If the Department so directs at any time before the successor company ceases to be wholly owned by the Crown, such sum as may be specified in the direction shall be carried by the successor company to a reserve ( “the statutory reserve”).
(2)
The sum specified under paragraph (1) shall not exceed the aggregate of—
(a)
the accumulated realised profits of NIAL; and
(b)
any accumulated realised profits arising (after compliance with any direction under Article 65(2)) by virtue of the extinguishment of liabilities of the successor company by an order under Article 65(1).
(3)
The statutory reserve may only be applied by the successor company in paying up unissued shares of the company to be allotted to members of the company as fully paid bonus shares.
(4)
Notwithstanding paragraph (3), the statutory reserve shall not count as an undistributable reserve of the successor company for the purposes of F1section 831(4)(d) of the Companies Act 2006; but for the purpose of determining under F2that section whether the successor company may make a distribution at any time any amount for the time being standing to the credit of the statutory reserve shall be treated for the purposes of F3section 831(4)(c) of that Act as if it were unrealised profits of the company.