SCHEDULE 14
Part VI Income tax
Disqualifying events: alterations of share capital
49
(1)
An alteration of the share capital of the relevant company is within[F1this sub-paragraph]if—
(a)
it affects (or but for the occurrence of some other event would affect) the value of the shares which are the subject of the qualifying option, and
(b)
it consists of or includes—
(i)
the creation, variation or removal of a right relating to any shares in the relevant company,
(ii)
the imposition of a restriction relating to any such shares, or
(iii)
the variation or removal of a restriction to which any such shares are subject.
For this purpose references to restrictions relating to shares or to which shares are subject, or to rights relating to shares, include restrictions imposed or rights conferred by any contract or arrangement or in any other way.
F2(2)
This sub-paragraph applies to an alteration if—
(a)
it is not made by the relevant company for commercial reasons, or
(b)
the main purpose or one of the main purposes for making the alteration is to increase the market value of the shares which are the subject of the qualifying option.