The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 2) 2010

• Citation: S.I. 2010/1819
• Sections: 5

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 2) 2010 and come into force on 10th August 2010.

(2) These Regulations have effect—

(a) for the purposes of the charge to stamp duty, in relation to instruments executed on or after 10th August 2010;

(b) for the purposes of the charge to stamp duty reserve tax—

(i) in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 10th August 2010;

(ii) in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.

Section 2 Interpretation

In these Regulations—

“ Chi-X Europe MTF ” means the multilateral trading facility operated by Chi-X Europe Limited ;

“clearing participant” means a member of—

EMCF who as such is permitted by the Rules of EMCF,

EuroCCP who as such is permitted by the Rules of EuroCCP,

LCH.Clearnet who as such is permitted by the Rules of LCH.Clearnet, or

X-CLEAR who as such is permitted by the Rules of X-CLEAR,

to clear transactions made on the Chi-X Europe MTF for a traded security and who may or may not also be a participant on the Chi-X Europe MTF;

“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Chi-X Europe MTF;

“EMCF” means European Multilateral Clearing Facility N.V. ;

“EuroCCP” means European Central Counterparty Limited;

“LCH.Clearnet” means LCH.Clearnet Limited;

“X-CLEAR” means SIX X-CLEAR AG;

“nominee” means a person whose business is or includes holding traded securities as a nominee for EMCF, EuroCCP, LCH.Clearnet or X-CLEAR acting in its capacity as a person providing clearing services in connection with a transaction made on the Chi-X Europe MTF, or as a nominee for a clearing participant;

“non-clearing firm” means a participant on the Chi-X Europe MTF other than a clearing participant;

“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued or raised by a body corporate not incorporated in the United Kingdom unless—

the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or

in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.

Section 3 Prescription of recognised investment exchanges and recognised clearing houses

For the purposes of sections 116 and 117 of the Finance Act 1991—

(a) Chi-X Europe Limited is prescribed as a recognised investment exchange;

(b) EMCF is prescribed as a recognised clearing house;

(c) EuroCCP is prescribed as a recognised clearing house;

(d) LCH.Clearnet is prescribed as a recognised clearing house; and

(e) X-CLEAR is prescribed as a recognised clearing house.

Section 4 Prescribed circumstances for the purposes of sections 116 and 117

(1) In the circumstances prescribed by paragraph (2), the charges to stamp duty and stamp duty reserve tax shall be treated as not arising.

(2) The circumstances prescribed are where, in connection with a transaction made on the Chi-X Europe MTF, conditions A, B and C are met.

(3) Condition A is that traded securities are transferred, or agreed to be transferred, from—

(a) a clearing participant or its nominee to another clearing participant or its nominee;

(b) a non-clearing firm or its client, or nominee of a non-clearing firm or its client, to a clearing participant or its nominee;

(c) a clearing participant or its nominee to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees;

(d) a person other than a clearing participant to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities to either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or to their nominees;

(e) either EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, or their nominees, to a clearing participant or its nominee;

(f) EMCF or its nominee to either EuroCCP, LCH.Clearnet or X-CLEAR or to their nominees;

(g) EuroCCP or its nominee to either EMCF, LCH.Clearnet or X-CLEAR or to their nominees;

(h) LCH.Clearnet or its nominee to either EMCF, EuroCCP or X-CLEAR or to their nominees; or

(i) X-CLEAR or its nominee to either EMCF, EuroCCP or LCH.Clearnet or to their nominees.

(4) Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph 3(d), would have been so required if the failure referred to in that paragraph had not occurred.

(5) Condition C is that traded securities which are the subject of a relevant agreement shall be dealt with by a clearing participant, who is a party to the relevant agreement, in a separate designated account.

(6) In this regulation—

(a) “designated account” means an account designated by EMCF, EuroCCP, LCH.Clearnet or X-CLEAR, for a clearing participant, in connection with the traded securities concerned;

(b) a “matching agreement” means an agreement under which—

(i) the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement; and

(ii) the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement.

Section 5 Revocation of the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 7) 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 7) 2009 are revoked.