SCHEDULES
C1F1SCHEDULE 9F7Special Provisions for Banking Companies and Groups
Sch. 9: heading substituted (2.12.1991) by virtue of S.I. 1991/2705, regs. 5(3), 9
Sch. 9 (except para. 2(a)-(d), para. 3(c)-(e) and para. 10(1)(c)) applied with modifications by S.I. 1985/680, regs. 4-6, Sch.
F2Part IV Additional Disclosure: Emoluments and Other Benefits of Directors and Others
Sch. 9 Pts. II–IV added by Companies Act 1989 (c. 40, SIF 27), ss. 18(3)(4), 213(2), Sch. 7 (subject to the transitional and saving provisions mentioned in S.I. 1990/355, arts. 6–9) (Sch. 7 of the 1989 Act providing that the provisions have effect as Pts. II to IV of Sch. 9)
1
The provisions of this Part of this Schedule have effect with respect to the application of Schedule 6 (additional disclosure: emoluments and other benefits of directors and others) to a banking company or F3the holding company of a credit institution.
Loans, quasi-loans and other dealings
F42
Where a banking company, or a company which is the holding company of a credit institution, prepares annual accounts for a financial year, it need not comply with the provisions of Part II of Schedule 6 (loans, quasi-loans and other dealings) in relation to a transaction or arrangement of a kind mentioned in section 330, or an agreement to enter into such a transaction or arrangement, to which that banking company or (as the case may be) credit institution is a party.
Other transactions, arrangements and agreements
3
F5Where a banking company, or a company which is the holding company of a credit institution, takes advantage of the provisions of paragraph 2 of this Part of this Schedule for the purposes of its annual accounts for a financial year, then, in preparing those accounts, it shall comply with the provisions of Part III of Schedule 6 (other transactions, arrangements and agreements) only in relation to a transaction, arrangement or agreement made by that banking company or (as the case may be) credit institution for—
a
a person who was a director of the company preparing the accounts, or who was connected with such a director, or
b
a person who was a chief executive or manager (within the meaning of the Banking Act M21987) of that company or its holding company.
2
References in that Part to officers of the company shall be construed accordingly as including references to such persons.
3
In this paragraph “director” includes a shadow director.
4
For the purposes of that Part as it applies by virtue of this paragraph, a F6body corporate which a person does not control shall not be treated as connected with him.
5
Section 346 of this Act applies for the purposes of this paragraph as regards the interpretation of references to a person being connected with a director or controlling a F6body corporate.
3
Part III of Schedule 6 (other transactions, arrangements and agreements) applies for the purposes of accounts prepared by a banking company, or a company which is the holding company of a banking company, only in relation to a transaction, arrangement or agreement made by that banking company for—
a
a person who was a director of the company preparing the accounts, or who was connected with such a director, or
b
a person who was a chief executive or manager (within the meaning of the Banking Act M11987) of that company or its holding company.
2
References in that Part to officers of the company shall be construed accordingly as including references to such persons.
3
In this paragraph “director” includes a shadow director.
4
For the purposes of that Part as it applies by virtue of this paragraph, a company which a person does not control shall not be treated as connected with him.
5
Section 346 of this Act applies for the purposes of this paragraph as regards the interpretation of references to a person being connected with a director or controlling a company.
Sch. 9 Pts. I-V (paras. 2-36) renumbered as Part I by Companies Act 1989 (c. 40, SIF 27), ss. 18(3)(4), 213(2), Sch. 7 (subject to the transitional and saving provisions mentioned in S.I. 1990/355, arts. 6-9)