Entities connected with a corporation
64B Entities connected with a corporation
Body corporate
A body corporate is connected with a corporation if, and only if, the corporation:
can control, or influence materially, the body’s activities or internal affairs; or
is a member of the body; or
is in a position to cast, or to control the casting of, a vote at a general meeting of the body; or
has power to dispose of, or to exercise control over the disposal of, a share in the body; or
is financially interested in the body’s success or failure or apparent success or failure; or
is owed a debt by the body; or
is engaged by the body under a contract for services; or
acts as agent for the body in any transaction or dealing.
Natural person
A natural person is connected with a corporation if, and only if, the corporation:
is a trustee of a trust under which the person is capable of benefiting; or
is engaged by the person under a contract for services; or
acts as agent for the person in any transaction or dealing; or
is an attorney of the person under a power of attorney; or
has appointed the person as the corporation’s attorney under a power of attorney; or
is given financial, business or legal advice by the person in the performance of the functions attaching to the person’s professional capacity.
Partnership
A partnership is connected with a corporation if, and only if, the corporation:
is a partner in the partnership; or
can control, or influence materially, the partnership’s activities or internal affairs; or
is financially interested in the partnership’s success or failure or apparent success or failure; or
is a creditor of the partnership; or
is engaged by the partnership under a contract for services; or
acts as agent for the partnership in any transaction or dealing.
Trust
A trust is connected with a corporation if, and only if, the corporation:
is the settlor, or one of the settlors, of the trust; or
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; or
is a trustee of the trust; or
can control, or influence materially, the activities of the trust; or
is capable of benefiting under the trust; or
is a creditor of the trustee of the trust; or
is engaged by the trustee of the trust under a contract for services; or
acts as agent for the trustee of the trust in any transaction or dealing.
This Act’s bill:Explanatory memorandumSecond reading speech
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