OpenLegislation

Paragraph 9 Holding an interest in an overseas entity etcI1I2I3

United Kingdom

(1)

This paragraph specifies the circumstances in which, for the purposes of paragraph 8—

(a)

a person (“V”) is to be regarded as holding an interest in an overseas entity (“entity W”);

(b)

an interest held by V in entity W is to be regarded as held through a legal entity.

(2)

V holds an interest in entity W if—

(a)

V holds, directly or indirectly, shares in entity W,

(b)

V holds, directly or indirectly, voting rights in entity W,

(c)

V holds, directly or indirectly, the right to appoint or remove any member of the board of directors of entity W,

(d)

V has the right to exercise, or actually exercises, significant influence or control over entity W, or

(e)

the following conditions are both satisfied—

(i)

the trustees of a trust, or the members of a partnership, unincorporated association or other entity, that is not a legal person under the law by which it is governed hold an interest in entity W in a way mentioned in any of paragraphs (a) to (d);

(ii)

V has the right to exercise, or actually exercises, significant influence or control over the activities of that trust or entity.

(3)

Where V—

(a)

holds an interest in entity 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,

V holds the interest in entity W through L and, where relevant, through each other legal entity in the chain.

Annotations

Commencement

I1

Sch. 2 para. 9 not in force at Royal Assent, see s. 69

I2

Sch. 2 para. 9 in force at 1.8.2022 (except in so far as relating to ss. 7–11 of the Act) by S.I. 2022/876, reg. 3(b)

I3

Sch. 2 para. 9 in force at 12.10.2022 by S.I. 2022/1039, reg. 2(b)