CFM91350 | Debt cap: introduction to allocating the disallowance and exemption: who can sign on behalf of a group company

This guidance applies to worldwide group periods of account ending before or straddling 1 April 2017.

Who is the ’appropriate person’

The appointment notification for an authorised company should be signed by the appropriate person (TIOPA10/S276(4)). This is either:

• a proper officer of the company;

• or any other person having the express, implied or apparent authority to act for the company for the purposes of TIOPA10/PT7.

The definition of proper officer of the company in TMA70/S108 (3) and (4) is also used for the debt cap provisions. A proper officer of a company is the company secretary (or a person acting as such). However, if the company is in administration or liquidation it is the administrator or liquidator.