investment trust
- (a) is approved by the Commissioners for HM Revenue and Customs under sections 1158 and 1159 of the Corporation Tax Act 2010 (or, in the case of a newly formed company, has declared its intention to conduct its affairs so as to obtain such approval); or
- (b) (for the purposes of COBS 4.12B187 and 175 the definitions of non-mainstream pooled investment and packaged product only)166 is resident in an EEA State and187 166would qualify for such approval if resident123 in the United Kingdom.