Section 257DK | No previous other risk capital scheme investments ^F1

(1)The requirement of this section is that—^F1

(a)no EIS investment or VCT investment is or has been made in the issuing company on or before the day on which the relevant shares are issued, and^F1

(b)no EIS investment or VCT investment has been made on or before that day in a company which at the time the relevant shares are issued is a qualifying subsidiary of the issuing company.^F1

(2)An “EIS investment” is made in the company if the company—^F1

(a)issues shares (money having been subscribed for them), and^F1

(b)(at any time) provides a compliance statement under section 205 in respect of the shares;^F1

and the EIS investment is regarded as made when the shares are issued.

(3)A “VCT investment” is made in the company if an investment (of any kind) in the company is made by a VCT.^F1