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Section 257DE The financial health requirementF1

(1)

The issuing company must meet the financial health requirement at the beginning of period B.

(2)

The financial health requirement is that the issuing company is not in difficulty.

(3)

The issuing company is “in difficulty” if it is reasonable to assume that it would be regarded as a firm in difficulty for the purposes of the Community Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty (2004/C 244/02) F2as those guidelines had effect in the United Kingdom immediately before IP completion day.

Annotations

Textual amendments

F1

Pt. 5A inserted (17.7.2012) (with effect in accordance with Sch. 6 para. 24(1) of the amending Act) by Finance Act 2012 (c. 14), Sch. 6 para. 1

F2

Words in s. 257DE(3) inserted (31.12.2020) by The Taxes (State Aid) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1499), regs. 1, 4(6)

Notes on Part 5A

Modifications

C1

Pt. 5A applied by Taxation of Chargeable Gains Act 1992 (c. 12), Sch. 5BB para. 8(4) (as inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 6 para. 5)