Finance Act 2000

Grant of replacement option

61 (1) This paragraph applies where in the case of a company reorganisation—

(a) the holder of a qualifying option, by agreement with the acquiring company, releases his rights under that option (“the old option”) in consideration of the grant to him of rights (“the new option”) which are equivalent but relate to shares in the acquiring company, and

(b) the requirements of the following paragraphs are met—

• paragraph 62 (period within which replacement option must be granted), and

• paragraph 63 (qualifying requirements for replacement option).

(2) Where this paragraph applies, the new option shall be treated for the purposes of this Schedule as a “replacement option”.

(3) Except as otherwise provided—

(a) references in this Schedule to a qualifying option include a replacement option, and

(b) a replacement option is treated for the purposes of this Schedule as if it had been granted on the date on which the old option was granted.

(4) In this Schedule references to “the old option” or “the new option” shall be construed in accordance with this paragraph.