½Û×ÓÊÓÆµ

Home / Simons-Taxes /Corporate tax /Part D6 Company reconstruction and profit extraction /Division D6.2 Reorganisation of share capital /Scheme of reconstruction involving an issue of securities / D6.203 Scheme of reconstruction—qualifying conditions
Commentary

D6.203 Scheme of reconstruction—qualifying conditions

Corporate tax

The share reorganisation provisions (D6.101–D6.103) apply where certain arrangements between a company (company A) and its share or debenture-holders (or any class of them) are entered into for the purposes of, or in connection with, a scheme of reconstruction. Broadly, under the arrangement, another company (company B) must issue shares or debentures to those holders in respect of, or in proportion to (or as nearly as may be in proportion to), their original holdings, which latter are then retained, cancelled or otherwise extinguished.

For a scheme of reconstruction to fall within the share reorganisation rules, it must represent1:

  1. Ìý

    (a)ÌýÌýÌýÌý a 'scheme of reconstruction' (as defined below) that involves an arrangement between a company ('company A'), and:

    1. Ìý

      (1)ÌýÌýÌýÌý persons holding shares or debentures in the company, or

    2. Ìý

      (2)ÌýÌýÌýÌý where there are different classes of shares or debentures, the persons holding any class of those shares or debentures, and

  2. Ìý

    (b)ÌýÌýÌýÌý under the arrangement:

    1. Ìý

      (1)ÌýÌýÌýÌý another company ('company B') issues shares or debentures to the persons concerned, in proportion

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to Tolley+™ Research or register for a free trial

Web page updated on 17 Mar 2025 16:17