SCHEDULES
F1F1SCHEDULE 2 Interpretation of References to “Beneficial Interest”
F2Part I References in Sections 23, 145, 146 and 148
Sch 2: heading inserted (subject to the transitional and saving provisions in S.I. 1990/355, arts. 6–9) by Companies Act 1989 (c. 40, SIF 27), ss. 23, 213(2), Sch. 10 para. 18(2)
Residual interests under pension and employees’ share schemes
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1
Where shares in a company are held on trust for the purposes of a pension scheme or an employees’ share scheme, there is to be disregarded any residual interest which has not vested in possession, being an interest of the company or, F3as this paragraph applies for the purposes of section 23(2),
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of any subsidiary of the company.
2
In this paragraph, “a residual interest” means a right of the company or subsidiary in question (“the residual beneficiary”) to receive any of the trust property in the event of—
a
all the liabilities arising under the scheme having been satisfied or provided for, or
b
the residual beneficiary ceasing to participate in the scheme, or
c
the trust property at any time exceeding what is necessary for satisfying the liabilities arising or expected to arise under the scheme.
3
In sub-paragraph (2), references to a right include a right dependent on the exercise of a discretion vested by the scheme in the trustee or any other person; and references to liabilities arising under a scheme include liabilities that have resulted or may result from the exercise of any such discretion.
4
For purposes of this paragraph, a residual interest vests in possession—
a
in a case within (a) or sub-paragraph (2), on the occurrence of the event there mentioned, whether or not the amount of the property receivable pursuant to the right mentioned in that sub-paragraph is then ascertained, and
b
in a case within (b) or (c) of that sub-paragraph, when the residual beneficiary becomes entitled to require the trustee to transfer to that beneficiary any of the property receivable pursuant to that right.
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Schs. 1, 2 repealed (1.10.2009) by Companies Act 2006 (c. 46), ss. 1295, 1300, Sch. 16; S.I. 2008/2860, art. 4, Sch. 1 (with arts. 5, 7, 8, Sch. 2 (as amended by S.I. 2009/1802, art. 18, Sch.))