Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 8 December 2017 - onwards
Version 2 of 2

Regulation 108 Consequences of unlawful acquisition or redemption

(1) This regulation applies to an acquisition or redemption of a share issued on behalf of a part of a protected cell company which -

(a) is funded by the protected cell company from assets held on behalf of a part ("part A") of the protected cell company (which may either be the part on behalf of which the share was issued or another part); and

(b) is in contravention of regulation 106 or 107.

(2) If at the time of the acquisition or redemption the person holding the share knew or had reasonable grounds for believing that it was acquired or redeemed in contravention of regulation 106 or 107, the person is liable -

(a) to repay the amount for which the share was acquired or redeemed; or

(b) in the case of an acquisition or redemption made otherwise than in cash, to pay the protected cell company a sum equal to the value of assets provided by the protected cell company for the acquisition or redemption at that time.