Part X Miscellaneous and Supplementary
196 Financial assistance for employees’ share schemes.
1
Section 153 of the M1Companies Act 1985 (transactions not prohibited by section 151) shall be amended as follows.
2
After subsection (4)(b) there shall be inserted—
bb
without prejudice to paragraph (b), the provision of financial assistance by a company or any of its subsidiaries for the purposes of or in connection with anything done by the company (or a company connected with it) for the purpose of enabling or facilitating transactions in shares in the first-mentioned company between, and involving the acquisition of beneficial ownership of those shares by, any of the following persons—
i
the bona fide employees or former employees of that company or of another company in the same group; or
ii
the wives, husbands, widows, widowers, children or step-children under the age of eighteen of any such employees or former employees.
F13
After subsection (4) there shall be inserted—
5
For the purposes of subsection (4)(bb) a company is connected with another company if—
a
they are in the same group; or
b
one is entitled, either alone or with any other company in the same group, to exercise or control the exercise of a majority of the voting rights attributable to the share capital which are exercisable in all circumstances at any general meeting of the other company or of its holding company;
and in this section “group”, in relation to a company, means that company, any other company which is its holding company or subsidiary and any other company which is a subsidiary of that holding company.
4
Article 163 of the Companies (Northern Ireland) Order 1986 (transactions not prohibited by Article 161) shall be amended as follows.
5
After paragraph (4)(b) there shall be inserted—
bb
without prejudice to sub-paragraph (b), the provision of financial assistance by a company or any of its subsidiaries for the purposes of or in connection with anything done by the company (or a company connected with it) for the purpose of enabling or facilitating transactions in shares in the first-mentioned company between, and involving the acquisition of beneficial ownership of those shares by, any of the following persons—
i
the bona fide employees or former employees of that company or of another company in the same group; or
ii
the wives, husbands, widows, widowers, children, step-children or adopted children under the age of eighteen of such employees or former employees.
F26
After paragraph (4) there shall be inserted—
5
For the purposes of paragraph (4)(bb) a company is connected with another company if—
a
they are in the same group; or
b
one is entitled, either alone or with any other company in the same group, to exercise or control the exercise of a majority of the voting rights attributable to the share capital which are exercisable in all circumstances at any general meeting of the other company or of its holding company;
and in this Article “group”, in relation to a company, means that company, any other company which is its holding company or subsidiary and any other company which is a subsidiary of that holding company.