New Clause 419
Company Law Reform Bill [Lords]
Meaning of “banking company” and “banking group”
‘(1) This section defines “banking company” and “banking group” for the purposes of the Companies Acts.
(2) “Banking company” means a person who has permission under Part 4 of the Financial Services and Markets Act 2000 (c.8) to accept deposits, other than—
(a) a person who is not a company, and
(b) a person who has such permission only for the purpose of carrying on another regulated activity in accordance with permission under that Part.
(3) The definition in subsection (2) must be read with section 22 of that Act, any relevant order under that section and Schedule 2 to that Act.
(4) References to a banking group are to a group where the parent company is a banking company or where—
(a) the parent company’s principal subsidiary undertakings are wholly or mainly credit institutions, and
(b) the parent company does not itself carry on any material business apart from the acquisition, management and disposal of interests in subsidiary undertakings.
“Group” here means a parent undertaking and its subsidiary undertakings.
(5) For the purposes of subsection (4)—
(a) a parent company’s principal subsidiary undertakings are the subsidiary undertakings of the company whose results or financial position would principally affect the figures shown in the group accounts, and
(b) the management of interests in subsidiary undertakings includes the provision of services to such undertakings.’.—[Margaret Hodge.]