A company can only be small if inter alia it is not a member of an ineligible group.
CA 2006 changed the definition of ineligible group slightly to include members who are: -
- a public company
- a body corporate (other than a company) whose shares are admitted to trading on a regulated market in an EEA State,
Note that 'public company' is defined as one incorporated under CA 2006 and so a UK subsidiary of say a French unlisted plc can now be a small company.
There seems to be a bit of ambiguity relating to the second point. What does it mean by 'other than a company'? Presumably a French listed company is a 'company', not something 'other than a company' and so this might suggest that a UK subsidiary of a French listed company qualifies as a small company. If not then why did they bother with the bracketed words?
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Presumably?
You say "Presumably a French listed company is a 'company'". Why?
Have a look at s1 CA 2006 for the definition of a 'company'.
I would not expect a French listed company to be a 'company' - which means that it is "other than a company". Which in turn means that a UK company which is a member of the same group is ineligible to file small company accounts.
David
Because a public company might, or might not, have its shares listed in an EEA State (including the UK) and a UK public company is a 'company'.
So by adding the words "(other than a company)" any overlap and potential ambiguity is avoided.
The context does not require a reading different from that suggested by section 1.
David