SCHEDULES

C1SCHEDULE 27 DISTRIBUTING FUNDS M1

Annotations:
Modifications etc. (not altering text)
C1

Sch. 27 applied (with modifications) (22.10.2004 with effect in accordance with reg. 1(2) of the affecting S.I.) by The Offshore Funds Regulations 2004 (S.I. 2004/2572), regs. 1(1), 4

Marginal Citations
M1

Source—[1984 Sch.19; 1986 s.50; 1987 (No.2) s.66]

PART II MODIFICATIONS OF CONDITIONS FOR CERTIFICATION IN CERTAIN CASES

Power of Board to disregard certain breaches of conditions

14

If, in the case of any account period of an offshore fund ending after the passing of the M2Finance (No. 2) Act 1987 (23rd July 1987), it appears to the Board that there has been a failure to comply with F1the condition in section 760(3)(a) (as modified, where appropriate, by the preceding provisions of this Part of this Schedule) but the Board are satisfied—

a

that the failure occurred inadvertently; and

b

that the failure was remedied without unreasonable delay,

the Board may disregard the failure in determining whether to certify the fund as a distributing fund in respect of that account period.