OpenLegislation

Division 8

United Kingdom

Original text. Later amendments are not shown.

Local law, regulation or the entity’s governing charter can impose various types of prohibitions on the redemption of members’ shares, e.g. unconditional prohibitions or prohibitions based on liquidity criteria. If redemption is unconditionally prohibited by local law, regulation or the entity’s governing charter, members’ shares are equity. However, provisions in local law, regulation or the entity’s governing charter that prohibit redemption only if conditions — such as liquidity constraints — are met (or are not met) do not result in members’ shares being equity.