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Legislation
Income Tax Act 2007

CHAPTER 3 Eligibility: conditions relating to the investor and the investment

  • Section 257L Investment to be in new shares or new qualifying debt investments
  • Section 257LA Condition that the amount invested must have been paid over
  • Section 257LB The no pre-arranged exits requirements
  • Section 257LC The no risk avoidance requirement
  • Section 257LD The no linked loans requirement
  • Section 257LDA The existing investments requirement
  • Section 257LE The no tax avoidance requirement
  • Section 257LEA The no disqualifying arrangements requirement
  • Section 257LF Restrictions on being an employee, partner or paid director
  • Section 257LG The requirement not to be interested in capital etc of social enterprise
  • Section 257LH Requirement for no collusion with a non-qualifying investor
  1. Chapter 3 · Eligibility: conditions relating to the investor and the investment
  2. The no risk avoidance requirement

Section 257LC | The no risk avoidance requirement

From legislation.gov.uk

(1)There must not at any time in the shorter applicable period be any arrangements in existence the main purpose or one of the main purposes of which is (by means of any insurance, indemnity, guarantee, hedging of risk or otherwise) to provide partial or complete protection for the investor against what would otherwise be the risks attached to making the investment.

(2)The arrangements referred to in subsection (1) do not include any arrangements which are confined to the provision—

(a)for the social enterprise itself, or

(b)if the social enterprise is a parent company that meets the trading requirement in section 257MJ(2)(c) or is a parent company that is an accredited social impact contractor—

(i)for the social enterprise itself,

(ii)for the social enterprise itself and one or more of its subsidiaries, or

(iii)for one or more of the subsidiaries of the social enterprise,

of any such protection against the risks arising in the course of carrying on its business as might reasonably be expected to be provided in normal commercial circumstances.

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