s 5E

Associated entities: trusts

In force

For the purposes of this Act, a trust is associated with a person if, and only if, the person:

(a)

is the settlor, or one of the settlors, of the trust;

(b)

has power under the terms of the trust to appoint or remove a trustee of the trust or to vary, or cause to be varied, any of the terms of the trust;

(c)

is a trustee of the trust;

(d)

is able to control, or to influence materially, the activities of the trustee of the trust;

(e)

if a trustee of the trust is a company—is a company officer of the company or otherwise is concerned, or takes part, in the company’s management;

(f)

is capable of benefiting under the trust;

(g)

is a creditor of the trustee of the trust;

(h)

is employed, or is engaged under a contract for services, by the trustee of the trust;

(j)

acts as agent for the trustee of the trust in any transaction or dealing; or

(k)

gives professional advice to the trustee of the trust.

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