Finance Act 2009

This section has no associated Explanatory Notes

3(1)Paragraph 2 does not apply if control of the underlying asset is acquired by—U.K.

(a)a bond-holder, or

(b)a group of connected bond-holders.

(2)A bond-holder (“BH”), or a group of connected bond-holders, acquires control of the underlying asset if—

(a)the rights of bond-holders under an alternative finance investment bond include the right of management and control of the bond assets, and

(b)BH, or the group, acquires sufficient rights to enable BH, or the members of the group acting jointly, to exercise the right of management and control of the bond assets to the exclusion of any other bond-holders.