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Companies Act 2006
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467Companies excluded from being treated as medium-sizedU.K.
This section has no associated Explanatory Notes
(1)A company is not entitled to take advantage of any of the provisions of this Part relating to companies qualifying as medium-sized if it was at any time within the financial year in question—
(a)a public company,
(b)a company that—
(i)has permission under Part 4 of the Financial Services and Markets Act 2000 (c. 8) to carry on a regulated activity, or
(ii)carries on insurance market activity, or
(c)a member of an ineligible group.
(2)A group is ineligible if any of its members is—
(a)a public company,
(b)a body corporate (other than a company) whose shares are admitted to trading on a regulated market,
(c)a person (other than a small company) who has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on a regulated activity,
(d)a small company that is an authorised insurance company, a banking company, an e-money issuer, [F1a MiFID investment firm] or a UCITS management company, or
(e)a person who carries on insurance market activity.
(3)A company is a small company for the purposes of subsection (2) if it qualified as small in relation to its last financial year ending on or before the end of the financial year in question.
[F2(4)This section does not prevent a company from taking advantage of section 417(7) (business review: non-financial information) by reason only of its having been a member of an ineligible group at any time within the financial year in question.]
Textual Amendments
F1Words in s. 467(2)(d) substituted (1.11.2007) by The Markets in Financial Instruments Directive (Consequential Amendments) Regulations 2007 (S.I. 2007/2932), reg. 3(3)
F2S. 467(4) inserted (6.4.2008) by The Companies Act 2006 (Amendment) (Accounts and Reports) Regulations 2008 (S.I. 2008/393), reg. 7
Modifications etc. (not altering text)
C1Ss. 465-467 applied (with modifications) (1.10.2008) by The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008 (S.I. 2008/1911), reg. 26 (as amended (with effect in accordance with reg. 1(2) of the amending S.I.) by S.I. 2013/2005, regs. 1(1), 3(3) (with reg. 1(5)(6)))
C2Ss. 418-469 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 10 (with transitional provisions and savings in regs. 7, 9, Sch. 2)
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