Part 6Venture capital trusts

Chapter 4Qualifying holdings

The requirements

296The control and independence requirement

1

The control element of the requirement is that—

a

the relevant company must not control (whether on its own or together with any person connected with it) any company which is not a qualifying subsidiary of the relevant company, and

b

no arrangements must be in existence by virtue of which the relevant company could fail to meet paragraph (a).

2

The independence element of the requirement is that—

a

the relevant company must not be under the control of another company (or of another company and any other person connected with that other company), and

b

no arrangements must be in existence by virtue of which the relevant company could fail to meet paragraph (a).

3

This section is subject to section 327(7) (exchange of shares).