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Part 16 U.K.Factoring of income etc

Chapter 2U.K.Finance arrangements

Type 1 arrangementsU.K.

758Type 1 finance arrangement definedU.K.

(1)For the purposes of this Chapter an arrangement is a type 1 finance arrangement if conditions A and B are met.

(2)Condition A is that under the arrangement—

(a)a person (“the borrower”) receives money or another asset (“the advance”) from another person (“the lender”),

(b)the borrower or a person connected with the borrower makes a disposal of an asset (“the security”) to or for the benefit of the lender or a person connected with the lender, and

(c)the lender or a person connected with the lender is entitled to payments in respect of the security.

(3)Condition B is that in accordance with generally accepted accounting practice—

(a)the borrower's accounts for the period in which the advance is received record a financial liability in respect of it, and

(b)the payments reduce the amount of the financial liability.

(4)If the borrower is a partnership the reference to the borrower's accounts includes a reference to the accounts of any member of the partnership.

(5)For the purposes of this section the borrower and the lender are not connected with one another.