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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 21 March 2016 - onwards
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436A. Certain settlements made by close companies.

(1)

(a) In this section -

'member', in relation to a company, includes a participator in the company other than a loan creditor of the company;

'relative' has the same meaning as in section 433(3)(a);

'relevant settlement', in relation to a close company, means a settlement made by, or on behalf of, the close company other than a settlement which -

(i) is made expressly for the exclusive benefit of one or more than one person, who is neither a member of the company nor a relative of such a member, and

(ii) does not allow at any time for the possibility of providing any benefit to such member or relative;

'settlement' has the same meaning as in section 10 and 'settled' shall be read accordingly.

(b) For the purposes of this section, any participator in a company which controls another company shall be treated as being also a participator in that other company.

(2) Where any amount, in money or money's worth, is settled by, or on behalf of, a close company on or after 21 January 2011 in

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