[169S Interpretation of Chapter]

[169S  Interpretation of Chapter]

[(1)     For the purposes of this Chapter “a business” means anything which—

(a)     is a trade, profession or vocation, and

(b)     is conducted on a commercial basis and with a view to the realisation of profits.

(2)     References in this Chapter to a disposal of an interest in shares in a company include a disposal of an interest in shares treated as made by virtue of section 122.

[(3)     For the purposes of this Chapter a company is a “personal company” in relation to an individual if—

(a)     the individual holds at least 5% of the ordinary share capital of the company,

(b)     by virtue of that holding, at least 5% of the voting rights in the company are exercisable by the individual, and

(c)     either or both of the following conditions are met—

(i)     by virtue of that holding, the individual is beneficially entitled to at least 5% of the profits available for distribution to equity holders and, on a winding up, would be beneficially entitled to at least 5% of assets so available, or

(ii)     in the event of a disposal of the whole of the ordinary share capital of the company, the individual

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