Associated entities: companies
5B Associated entities: companies
For the purposes of this Act, a company is associated with a person if the person:
is a company officer of the company or otherwise is concerned, or takes part, in the company’s management; or
is able to control, or to influence materially, the company’s activities or internal affairs; or
is a member of the company; or
is in a position to cast, or to control the casting of, a vote at a general meeting of the company; or
has power to dispose of, or to exercise control over the disposal of, a share in the company; or
is financially interested in the company’s success or failure or apparent success or failure; or
is owed a debt by the company; or
is employed, or is engaged under a contract for services, by the company; or
acts as agent for the company in any transaction or dealing; or
gives professional advice to the company.
For the purposes of this Act, a company is also associated with a person if the company:
holds property jointly with the person; or
is dealing with the person’s property as an agent for the person; or
is a trustee of a trust under which the person is capable of benefiting; or
acquires or disposes of property as a result of dealing with the person.
The circumstances set out in subsections (1) and (2) are the only circumstances in which a company is associated with a person for the purposes of this Act.
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