A new company whose directors are actively engaged in setting up a trade should not be regarded as failing to satisfy the rule merely because it is not yet trading and a large part of its funds is temporarily being held on deposit.

The purposes for which a company exists fall to be ascertained primarily by reference to what, through its directors and employees, it actually does, and not, for example, by reference to the intentions of those who originally formed it. See VCM13060 for the meaning of вЂqualifying tradeвЂ™. If the company does not meet the trading requirement as a parent company it must exist wholly for the purpose of carrying on a qualifying trade or trades. See VCM13070 regarding the rules applying if the company goes into liquidation, receivership or administration.

See VCM16030 regarding the special rules applying where the company participates in a share exchange that results in the insertion of a new holding company over it. It must either exist for the purpose of carrying on a qualifying trade or it must be the parent company of a group whose business is essentially that of carrying on qualifying activities. The investee company - that is, the company issuing the shares - must fall into one of two categories.

Eis trading