Part 23Company distributions

Chapter 2Matters which are distributions

Interpretation of references to repayment of share capital

1027Cap on amount of distributions affected by section 1026

(1)

Section 1026(2) does not apply to the distributions in question so far as they, together with any affected distributions made previously but after the issue of the bonus share capital, exceed the cap.

(2)

In subsection (1) “the cap” means the total of the amounts—

(a)

paid up, otherwise than by the receipt of new consideration, on shares representing the bonus share capital, and

(b)

not falling to be treated as qualifying distributions.

(3)

In subsection (1) “affected distribution” means however much of a distribution made in respect of shares representing the bonus share capital—

(a)

would, but for section 1026, be treated as a repayment of share capital, but

(b)

cannot be so treated because of that section.

(4)

In subsection (2)(a) the reference to amounts paid up is to amounts paid up at the time of the distributions in question or previously.