OpenLegislation

Paragraph 2

United Kingdom

An open-ended investment company may apply to the court under F1section 896 or 899 of the Companies Act 2006 (power of company to compromise with creditors and members) F2in respect of a scheme falling within any of sub-paragraphs (a) to (c) of paragraph 4(1) where—

(a)

the scheme in question involves a compromise or arrangement with its shareholders or creditors or any class of its shareholders or creditors; and

(b)

the consideration for the transfer or each of the transfers envisaged by the scheme is to be—

(i)

shares in the transferee company receivable by shareholders of the transferor company; or

(ii)

where there is more than one transferor company and any one or more of them is a public company, shares in the transferee company receivable by shareholders or members of the transferor companies (as the case may be);

in each case with or without any cash payment to shareholders.

Annotations

Textual amendments

F1

Words in Sch. 6 para. 2 substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 223(2)(a) (with arts. 6, 11, 12)

F2

Words in Sch. 6 para. 2 substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 223(2)(b) (with arts. 6, 11, 12)