Companies Act 2006

474 Minor definitions U.K.

(1) In this Part—

• “e-money issuer” means a person who has permission under Part 4 of the Financial Services and Markets Act 2000 (c. 8) to carry on the activity of issuing electronic money within the meaning of article 9B of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544);

• “group” means a parent undertaking and its subsidiary undertakings;

• “IAS Regulation” means EC Regulation No. 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards;

• “included in the consolidation”, in relation to group accounts, or “included in consolidated group accounts”, means that the undertaking is included in the accounts by the method of full (and not proportional) consolidation, and references to an undertaking excluded from consolidation shall be construed accordingly;

• “international accounting standards” means the international accounting standards, within the meaning of the IAS Regulation, adopted from time to time by the European Commission in accordance with that Regulation;

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F2 “MiFID investment firm” means an investment firm within the meaning of Article 4.1.1 of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, other than—

  (a)

  a company to which that Directive does not apply by virtue of Article 2 of that Directive,

  (b)

  a company which is an exempt investment firm within the meaning of regulation 4A(3) of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007, and

  (c)

  any other company which fulfils all the requirements set out in regulation 4C(3) of those Regulations;]

• “profit and loss account”, in relation to a company that prepares IAS accounts, includes an income statement or other equivalent financial statement required to be prepared by international accounting standards;

• “regulated activity” has the meaning given in section 22 of the Financial Services and Markets Act 2000, except that it does not include activities of the kind specified in any of the following provisions of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)—

  (a)

  article 25A (arranging regulated mortgage contracts),

  (b)

  article 25B (arranging regulated home reversion plans),

  (c)

  article 25C (arranging regulated home purchase plans),

  (d)

  article 39A (assisting administration and performance of a contract of insurance),

  (e)

  article 53A (advising on regulated mortgage contracts),

  (f)

  article 53B (advising on regulated home reversion plans),

  (g)

  article 53C (advising on regulated home purchase plans),

  (h)

  article 21 (dealing as agent), article 25 (arranging deals in investments) or article 53 (advising on investments) where the activity concerns relevant investments that are not contractually based investments (within the meaning of article 3 of that Order), or

  (i)

  article 64 (agreeing to carry on a regulated activity of the kind mentioned in paragraphs (a) to (h));

• “turnover”, in relation to a company, means the amounts derived from the provision of goods and services falling within the company's ordinary activities, after deduction of—

  (a)

  trade discounts,

  (b)

  value added tax, and

  (c)

  any other taxes based on the amounts so derived;

• “UCITS management company” has the meaning given by the Glossary forming part of the Handbook made by the Financial Services Authority under the Financial Services and Markets Act 2000 (c. 8).

(2) In the case of an undertaking not trading for profit, any reference in this Part to a profit and loss account is to an income and expenditure account.

References to profit and loss and, in relation to group accounts, to a consolidated profit and loss account shall be construed accordingly.

Textual Amendments

F1 S. 474(1): definition omitted (1.11.2007) by The Markets in Financial Instruments Directive (Consequential Amendments) Regulations 2007 (S.I. 2007/2932), reg. 3(4)(a)

F2 S. 474(1): definition inserted (1.11.2007) by The Markets in Financial Instruments Directive (Consequential Amendments) Regulations 2007 (S.I. 2007/2932), reg. 3(4)(b)

Modifications etc. (not altering text)

C1 S. 474 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. 32 (as amended (1.10.2009) by S.I. 2009/1804, regs. 2, 85, Sch. 3 para. 15(3) and (1.4.2013) by S.I. 2013/472, Sch. 2 para. 143(b))