SCHEDULES
F3SCHEDULE A1 Moratorium where directors propose voluntary arrangement
F2Part I Introductory
Sch. A1 inserted (11.5.2001 so far as is necessary to give effect to Sch. A1 paras. 5, 45(1)-(3)(5) and 1.1.2003 in so far as not already in force) by 2000 c. 39, s. 1, Sch. 1 para. 4; S.I. 2001/1751, art. 2; S.I. 2002/2711, art. 2 (subject to transitional provisions in arts. 3-5)
Eligible companies
F14DInterpretation of capital market arrangement
1
For the purposes of paragraph 4A an arrangement is a capital market arrangement if—
a
it involves a grant of security to a person holding it as trustee for a person who holds a capital market investment issued by a party to the arrangement, or
b
at least one party guarantees the performance of obligations of another party, or
c
at least one party provides security in respect of the performance of obligations of another party, or
d
the arrangement involves an investment of a kind described in articles 83 to 85 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) (options, futures and contracts for differences).
2
For the purposes of sub-paragraph (1)—
a
a reference to holding as trustee includes a reference to holding as nominee or agent,
b
a reference to holding for a person who holds a capital market investment includes a reference to holding for a number of persons at least one of whom holds a capital market investment, and
c
a person holds a capital market investment if he has a legal or beneficial interest in it.
3
In paragraph 4A, 4C, 4J and this paragraph—
“agreement” includes an agreement or undertaking effected by—
- a
contract,
- b
deed, or
- c
any other instrument intended to have effect in accordance with the law of England and Wales, Scotland or another jurisdiction, and
- a
“party” to an arrangement includes a party to an agreement which—
- a
forms part of the arrangement,
- b
provides for the raising of finance as part of the arrangement, or
- c
is necessary for the purposes of implementing the arrangement.
- a
Sch. A1 inserted (11.5.2001 so far as is necessary to give effect to Sch. A1 paras. 5, 45(1)-(3)(5) and 1.1.2003 in so far as not already in force) by 2000 c. 39, s. 1, Sch. 1 para. 4; S.I. 2001/1751, art. 2; S.I. 2002/2711, art. 2 (subject to transitional provisions in arts. 3-5)