Part 23 Company distributions

Chapter 5 Demergers

Advance clearance

1094 Decision of the Commissioners or tribunal
(1) The Commissioners must notify their decision to the person making the application under section 1091 or 1092—
(a) within 30 days of receiving the application, or
(b) if they give a notice under section 1093(2), within 30 days of when the notice is complied with.
(2) Subsection (3) applies if the Commissioners—
(a) (in the case of an application under section 1091) notify the applicant that they are not satisfied that the distribution will be an exempt distribution,
(b) (in the case of an application under section 1092) notify the applicant that they are not satisfied that a payment meets the conditions set out in section 1092(2), or
(c) (in either case) do not notify their decision to the applicant within the time required by subsection (1).
(3) The applicant may require the Commissioners to transmit the application, together with any notice given and further particulars provided under section 1093(2), to the tribunal.
(4) In that event, any notification by the tribunal has effect for the purposes of this section as if it were a decision of the Commissioners.
(5) The right under subsection (3) must be exercised within 30 days of—
(a) the notification of the Commissioners' decision, or
(b) the time by which the Commissioners are required to notify their decision to the applicant.
(6) If any particulars provided under section 1093 in relation to an application under section 1091 do not fully and accurately disclose all facts and circumstances material for the decision of the Commissioners or tribunal, any resulting notification that the Commissioners are satisfied, or that the tribunal is satisfied, that the distribution will be an exempt distribution is void.
(7) If any particulars provided under section 1093 in relation to an application under section 1092 do not fully and accurately disclose all facts and circumstances material for the decision of the Commissioners or tribunal, any resulting notification that the Commissioners are satisfied, or that the tribunal is satisfied, that the payment in question meets the conditions set out in section 1092(2) is void.