Section 1007 Securities issued at premium representing new consideration

(1)

This section applies if any security of a company is issued at a premium representing new consideration (but see also section 1008).

(2)

In relation to a distribution in respect of the security, the reference in paragraph E in section 1000(1) to however much of the distribution represents the principal secured by the security is to be read as a reference to the sum of—

(a)

however much of the distribution represents the principal, and

(b)

however much of it represents the premium.

(3)

In relation to a distribution in respect of the security, the reference in paragraph E in section 1000(1) to however much of the distribution represents a reasonable commercial return for the use of the principal secured by the security is to be read as a reference to the sum of—

(a)

however much of the distribution represents a reasonable commercial return for the use of the principal, and

(b)

however much of it represents (when regard is had to the extent to which distributions represent the premium) a reasonable commercial return for the use of the premium.

Notes on Part 23

Modifications

C1: Pt. 23 applied (with modifications) by 2003 c. 1, s. 554AC(3) (as inserted (with effect in accordance with Sch. 1 para. 14 of the amending Act) by Finance Act 2018 (c. 3), Sch. 1 para. 2)