IPTM3640 - Personal portfolio bonds: meaning: property selection: ITTOIA05/S517(2)
A policy or contract is not a personal portfolio bond (PPB) merely because its terms permit the selection of property as described at IPTM3610 if all of the property which may be selected:
- falls within the following property categories (ITTOIA05/S520):
- property appropriated by the insurer to an internal linked fund (IPTM7740)
- units in an authorised unit trust, see ( IFM02120)
- shares in an investment trust, see (IFM14120) onwards, or an overseas equivalent (IPTM7750)
- shares in an open-ended investment company, see ( IFM02130)
- cash (IPTM7755)
- a life policy, life annuity or capital redemption policy, unless excluded (see below)
- specified interests in collective investment schemes (see below)
- shares in a UK Real Estate Investment Trust (REIT) or an overseas equivalent (IFM22016)
- an interest in an authorised contractual scheme, and
- meets either the general or class property selection conditions (ITTOIA05/S521):
general condition: property meets this condition if, at the time when it may be selected, the opportunity to select property falling within the same category is available to:
- all policyholders of the insurer, or
- persons acting on behalf of those policyholders
class condition: property meets this condition if, at the time when it may be selected, the opportunity to select property falling within the same category is available to:
- a particular class or classes of policyholders of the insurer
- persons acting on behalf of the members of that class or those classes.
The meaning of class for this purpose is given at IPTM3630.
Excluded Policies
A life policy, life annuity or capital redemption policy is ‘excluded’ if:
- the policy or contract is itself a PPB
- the value of any benefits under the policy or contract is determinable directly or indirectly by reference to a PPB
- a PPB is property related to the policy or contract.
Cash
Cash includes sums in bank or building society accounts, but not cash that is acquired in order to realise a gain on its disposal.
Specified interests in collective investment schemes
An interest in collective investment schemes are units in non-UK unit trusts or any other arrangement that creates rights in the nature of co-ownership under the law of a territory outside the UK. More information can be found in IPTM7745.
More detailed guidance, aimed largely at insurers and practitioners, is given at IPTM7700 onwards.