Section 1164: Meaning of "banking company" and "banking group"

Companies Act 2006 · 2006 c. 46View on legislation.gov.uk

Part 38: Companies: interpretation

This section defines "banking company" and "banking group" for the purposes of the Companies Acts.

"Banking company" means a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to accept deposits, other than—

a person who is not a company, and
a person who has such permission only for the purpose of carrying on another regulated activity in accordance with permission under that Part.

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.

References to a banking group are to a group where the parent company is a banking company or where—

the parent company's principal subsidiary undertakings are wholly or mainly credit institutions, and
the parent company does not itself carry on any material business apart from the acquisition, management and disposal of interests in subsidiary undertakings.

For the purposes of subsection (4)—

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
the management of interests in subsidiary undertakings includes the provision of services to such undertakings.

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