CFM72340 - Other tax rules on corporate finance: securitisation: periods beginning on or after 1 January 2007: the regulations: interpretation
Regulation 2: terms used in the regulations
Regulation 2 provides definitions of terms used in the regulations.
Types of securitisation company
»Ê¹ÚÌåÓýapp definitions of the five types of ‘securitisation companyâ€� are set out in Regulations 4 to 9 (CFM72370). »Ê¹ÚÌåÓýappse are termed as the
- note-issuing company
- asset-holding company
- intermediate borrowing company
- warehouse company
- commercial paper funded company.
Capital market arrangement
Capital market arrangement and capital market investment take their meanings from the Insolvency Act 1986 - see CFM72300.
‘Independent persons�
»Ê¹ÚÌåÓýapp securities must be issued to ‘independent personsâ€�, which draws on the definition of ‘connected personsâ€� in CTA10/S1122. See CFM72390.
‘Related transaction�
Regulation 2 also explains the meaning of ‘related transaction�. This is relevant to the ‘unallowable purposes� test (see CFM72570) and to the definition of ‘retained profit� (see CFM72480).
‘Financial assets�
»Ê¹ÚÌåÓýapp assets held by certain of the above types of securitisation company must be ‘financial assetsâ€�. CFM72350 explains this term.
‘Specified regulations�
»Ê¹ÚÌåÓýapp ‘specified regulationsâ€� are Regulation 14 (the corporation tax charge), 14A (removal of withholding obligation), Regulations 16 to 20 and 22 (which modify certain tax rules). »Ê¹ÚÌåÓýappse particular regulations do not apply to securitisation companies in certain circumstances (CFM72500).