EIS is only available in the first 2 years of trading. As you suggest these shares might come under the scheme.
The rules are complex and can be found here
A summary is here [source: Gov UK Web Site]:
'You are eligible to claim the relief unless any of the following apply:
- you do not qualify for relief (see below*)
- you did not subscribe for the shares for commercial purposes, or you subscribed as part of a scheme or arrangement for avoiding tax
- you have got a loan which would not have been made, or would not have been made on the same terms, were it not for the investment in the shares
- an option has been granted to you under which you can require someone else to buy the shares from you
- you are affected by the ‘replacement capital’ rules which apply to previous owners of the company’s business
- arrangements were made in connection with the share issue which
- secure a return on your investment
- will allow you to dispose of your shares at some future date
- provide protection against the normal commercial risks attaching to an investment of this kind
- you were issued shares on or after 18 November 2015 and already held other shares in the company that were not
- subscriber shares issued to you, or
- shares for which you have received an EIS3
To qualify for relief you must not (except in one set of circumstances, described below*) have been ‘connected’ with the company at any time in the period starting 2 years before the shares were issued.
You are connected with a company:
- at any time when you, or an associate of yours, is an employee, partner or ‘paid director’ of the company (or of any subsidiary of the company)
- at any time when you, and/or your associate, control the company or possess more than 30% of the ordinary share capital or voting power in the company, or would be entitled to more than 30% of the assets of the company in a winding-up
Please note that for shares issued before 6 April 2012 the 30% is calculated by reference to the aggregate of loan capital and issued share capital as well as by reference to ordinary share capital or voting power. You may need to take this into account if a new share issue is being added to an existing holding in the same company. This does not apply, subject to certain conditions, at any time when the only shares issued are the original subscriber shares.
For this purpose, an associate includes a spouse or civil partner, lineal ancestor or descendant, a business partner and certain persons with whom the individual has connections through a trust.
A paid director is one who receives, or is entitled to receive, any form of payment from the company other than certain items such as reimbursements of expenses allowable for tax purposes.'