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Companies Act 2006

Companies Act 2006 s 479

s 479 Availability of small companies exemption in case of group company

(1) A company is not entitled to the exemption conferred by section 477 (small companies) in respect of a financial year during any part of which it was a group company unless— (a) the group— (i) qualifies as a small group in relation to that financial year, and (ii) was not at any time in that year an ineligible group, or (b) subsection (3) applies. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A company is not excluded by subsection (1) if, throughout the whole of the period or periods during the financial year when it was a group company, it was both a subsidiary undertaking and dormant. (4) In this section— (a) “ group company ” means a company that is a parent company or a subsidiary undertaking, and (b) “ the group ”, in relation to a group company, means that company together with all its associated undertakings. For this purpose undertakings are associated if one is a subsidiary undertaking of the other or both are subsidiary undertakings of a third undertaking. (5) For the purposes of this section— (a) whether a group qualifies as small shall be determined in accordance with section 383 (companies qualifying as small: parent companies); (b) “ ineligible group ” has the meaning given by section 384(2) and (3); (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The provisions mentioned in subsection (5) apply for the purposes of this section as if all the bodies corporate in the group were companies.

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