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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 6 February 2011 - onwards
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29. Certain settlements made by close companies.

The Principal Act is amended -

(a) in section 20(1) by substituting "sections 436, 436A, 437, 816(2)(b) and 817" for "436 and 437, and subsection (2)(b) of section 816",

(b) in section 130(1) by inserting ", 436A" after "sections 436", and

(c) by inserting the following section after section 436:

"436A.

(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 acco

Comparing proposed amendment...