Part 23U.K.Company distributions

Chapter 5U.K.Demergers

SupplementaryU.K.

1098Meaning of “unquoted company”U.K.

(1)A company is an unquoted company for the purposes of this Chapter if none of its shares is—

(a)listed in the Official List of the Stock Exchange, and

(b)dealt in on the Stock Exchange regularly or from time to time.

(2)But a company is not an unquoted company for the purposes of this Chapter if it is under the control of (and only of) one or more companies which are not unquoted companies for those purposes.

(3)The reference in subsection (1) to shares does not include debenture stock, loan stock, preferred shares or preferred stock.

1099Other definitions etcU.K.

(1)In this Chapter—

(2)In determining for the purposes of sections 1076(a), 1077(1), 1082(4) or 1084(2) whether a company (“A”) whose shares are transferred by the distributing company is a 75% subsidiary of the distributing company, ignore any share capital of A which is owned indirectly by the distributing company.

(3)In determining for the purposes of this Chapter whether one company is a 75% subsidiary of another, the other company is treated as not being the owner of—

(a)any share capital which it owns directly in a body corporate as trading stock, or

(b)any share capital which it owns indirectly and which is owned directly by a body corporate as trading stock.

(4)For the purposes of subsection (3) share capital owned by a person is owned as trading stock if (and only if) a profit on a sale of the shares would be treated as a trading receipt of that person's trade.