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Section 8: Cellular and non-cellular assets

Protected Cell Companies Act · PART II: PROTECTED CELL COMPANIES

consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

8. Cellular and non-cellular assets (1) The assets of a protected cell company may comprise cellular assets or non-cellular assets or a combination of both. (2) The directors of a protected cell company shall— (a) keep cellular assets separate and separately identifiable from non-cellular assets; and (b) keep cellular assets attributable to each cell separate and separately identifiable from cellular assets attributable to other cells. (3) The directors of a protected cell company may cause or permit— (a) cellular assets and non-cellular assets to be held— (i) by or through a nominee; or (ii) by a company, the shares and capital interests of which may be cellular assets or non-cellular assets, or a combination of both; (b) cellular assets or non-cellular assets, or a combination of both, to be collectively managed by an investment manager. (4) — (5) The assets attributable to a cell shall comprise— (a) assets represented by the proceeds of cell share capital and reserves attributable to the cell; and (b) all other assets attributable to the cell. (6) For the purposes of subsection (5), “reserves” includes retained earnings, capital reserves and share premiums.

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