31. Amendment of section 739D (gain arising on a chargeable event) of Principal Act.
Section 739D of the Principal Act is amended -
(a) in subsection (7B)(a) and (b) by substituting "subsection (7) or (9), as the case may be," for "subsection (7)" in each place, and
(b) by inserting the following after subsection (8D):
(a) In this subsection -
'relevant jurisdiction' has the same meaning as in section 256F(1) of the Companies Act 1990;
'scheme of migration' means either of the following -
(i) a migrating company (within the meaning of section 256F of the Companies Act 1990) which holds an authorisation from the Central Bank of Ireland to carry on business in the State under Part XIII of that Act, and which authorisation has not been revoked, or
(ii) a unit trust which has migrated from a relevant jurisdiction and which holds an authorisation from the Central Bank of Ireland to carry on business in the State as an authorised unit trust scheme under the Unit Trusts Act 1990 or as a unit trust within the meaning of the relevant Regulations, and which authorisation has not been revoked.
(b) Where, under a scheme of migration, a company or a unit trust, as the case may be, comes within the definition of 'investment undertaking' in section 739B(1), the following provisions apply -