Finance Act 2004

Further reduction in value of charge which is not of adequate value

7 (1) If at any time after a loan is made—

(a) the loan is secured by a charge which is not of adequate value, and

(b) an event mentioned in sub-paragraph (2) occurs,

there is an unauthorised payment.

(2) The events are—

(a) the loan ceasing to be secured by a charge,

(b) a charge being given which does not comply with conditions A or C,

(c) a reduction in the value of the assets charged which does not comply with condition B, and

(d) the charge ceasing to comply with condition C.

(3) The amount of the unauthorised payment is—

AAE - ABE

where—

• AAE is amount 2 (see paragraph 13) calculated after the event, and

• ABE is amount 2 (see paragraph 13) calculated before the event.

(4) Paragraph 1 defines conditions A, B and C.