Meaning of close associate for s 21
22 Meaning of close associate for s 21
In section 21:
close associate, of a person (the relevant person), means—
a person who—
holds or will hold a financial interest, or is or will be entitled to exercise a relevant power, in the relevant person’s business; and
the commissioner for fair trading is satisfied, is or will be able to exercise a significant influence in relation to the conduct of the business because of the interest or power; or
a person who holds or will hold an executive office in the relevant person’s business.
In this section:
executive office, in a business, means a position (however described) in which the person is concerned with, or takes part in, the management of the business.
exercise a power includes exercise the power on behalf of someone else.
financial interest, in relation to a business, means—
a share in the capital of the business; or
an entitlement to receive income derived from the business, however the entitlement arises.
hold a position includes hold the position on behalf of someone else.
power means a power exercisable—
by voting or otherwise; and
alone or with others.
relevant power, in relation to a business, means a power—
to take part in a directorial, managerial or executive decision for the business; or
to elect or appoint a person to an executive office in the business.
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