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Companies Act 2006 PART 2 — Holding an interest in a company etc

7–93 provisions

Introduction

7

This Part of this Schedule specifies the circumstances in which, for the purposes of section 790C(4) or (8)— (a) a person (“V”) is to be regarded as holding an interest in a company (“company W”); (b) an interest held by V in company W is to be regarded as held through a legal entity.

Holding an interest

8

(1) V holds an interest in company W if— (a) V holds shares in company W, directly or indirectly, (b) V holds, directly or indirectly, voting rights in company W, (c) V holds, directly or indirectly, the right to appoint or remove any member of the board of directors of company W, (d) V has the right to exercise, or actually exercises, significant influence or control over company W, or (e) sub-paragraph (2) is satisfied. (2) This sub-paragraph is satisfied where— (a) the trustees of a trust or the members of a firm that, under the law by which it is governed, is not a legal person hold an interest in company W in a way mentioned in sub-paragraph (1)(a) to (d), and (b) V has the right to exercise, or actually exercises, significant influence or control over the activities of that trust or firm.

Interests held through a legal entity

9

(1) This paragraph applies where V— (a) holds an interest in company W by virtue of indirectly holding shares or a right, and (b) does so by virtue of having a majority stake (see paragraph 18) in— (i) a legal entity (“L”) which holds the shares or right directly, or (ii) a legal entity that is part of a chain of legal entities such as is described in paragraph 18(1)(b) or (2)(b) that includes L. (2) Where this paragraph applies, V holds the interest in company W— (a) through L, and (b) through each other legal entity in the chain mentioned in sub-paragraph (1)(b)(ii).

Back to Companies Act 2006 — full text

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