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Legislation
Income Tax Act 2007

Crossheading The requirements

  • Section 286ZA The risk-to-capital requirement
  • Section 286A The UK permanent establishment requirement
  • Section 286B The financial health requirement
  • Section 287 The maximum qualifying investment requirement
  • Section 288 The no guaranteed loan requirement
  • Section 289 The proportion of eligible shares requirement
  • Section 290 The trading requirement
  • Section 291 The carrying on of a qualifying activity requirement
  • Section 292 Ceasing to meet requirements because of administration or receivership
  • Section 292A The maximum amount raised annually through risk finance investments requirement
  • Section 292AA Maximum risk finance investments when relevant holding is issued requirement
  • Section 292AB Maximum risk finance investments during the 5-year post-investment period requirement
  • Section 292B The spending of money raised by SEIS investment requirement
  • Section 293 The use of the money raised requirement
  • Section 294 The relevant company to carry on the relevant qualifying activity requirement
  • Section 294A The permitted company age requirement
  • Section 295 The unquoted status requirement
  • Section 296 The control and independence requirement
  • Section 297 The gross assets requirement
  • Section 297A The number of employees requirement
  • Section 297B The proportion of skilled employees requirement
  • Section 298 The qualifying subsidiaries requirement
  • Section 299 The property managing subsidiaries requirement
  • Section 299A The no disqualifying arrangements requirement
  1. The requirements
  2. The unquoted status requirement

Section 295 | The unquoted status requirement

From legislation.gov.uk

(1)The requirement of this section is that the relevant company must be an unquoted company.

(2)In this section “unquoted company” means a company none of whose shares, stocks, debentures or other securities are marketed to the general public.

(3)For the purposes of subsection (2), shares, stocks, debentures or other securities are marketed to the general public if they are—

(a)listed on a recognised stock exchange,

(b)listed on a designated exchange in a country outside the United Kingdom, or

(c)dealt in ... outside the United Kingdom by such means as may be designated.

(4)In subsection (3)(b) and (c) “designated” means designated by an order made by the Commissioners for Her Majesty's Revenue and Customs for the purposes of that provision.

(5)An order made for the purposes of subsection (3)(b) may designate an exchange by name, or by reference to any class or description of exchanges, including a class or description framed by reference to any authority or approval given in a country outside the United Kingdom.

(6)If—

(a)any shares in or securities of a company are included in the qualifying holdings of the investing company, and

(b)that company ceases to be an unquoted company at any time while the investing company is approved as a VCT,

the requirements of this section are to be treated, in relation to shares or securities acquired before that time, as continuing to be met for a period of 5 years after that time.

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