OpenLegislation

Paragraph 2 F1

Northern Ireland

(1)

For the purposes of Article 59B an investment is a capital market investment if it—

(a)

is within article 77 F2or 77A of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) (debt instruments), and

(b)

is rated, listed or traded or designed to be rated, listed or traded.

(2)

In sub-paragraph (1)—

  • “rated” means rated for the purposes of investment by an internationally recognised rating agency,

  • “listed” means admitted to the official list within the meaning given by section 103(1) of the Financial Services and Markets Act 2000 (c. 8) (interpretation), and

  • “traded” means admitted to trading on a market established under the rules of a recognised investment exchange or on a foreign market.

(3)

In sub-paragraph (2)—

  • “recognised investment exchange” has the meaning given by section 285 of the Financial Services and Markets Act 2000 (recognised investment exchange), and

  • “foreign market” has the same meaning as “relevant market” in article 67(2) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (S.I. 2001/1335) (foreign markets).

Annotations

Textual amendments

F1

Sch. 1A inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 5(2), Sch. 3 (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)

F2

Words in Sch. 1A para. 2(1)(a) inserted (24.2.2010) by Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (S.I. 2010/86), art. 4, Sch. para. 4(a)