Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 17 - INTERPRETING THIS ACT  

PART 17-1 - MEANING OF SOME IMPORTANT CONCEPTS  

Division 689 - Subsidiaries and control  

SECTION 689-1  

689-1   WHAT IS A SUBSIDIARY  
A body corporate (the first body ) is a subsidiary of another body corporate if, and only if:

(a)    the other body:


(i) controls the composition of the first body ' s board; or

(ii) is in a position to cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the first body; or

(iii) holds more than one-half of the issued share capital of the first body (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or

(b)    the first body is a subsidiary of a subsidiary of the other body.

Note:

Subparagraph (a)(iii) - although an Aboriginal and Torres Strait Islander corporation itself does not have shares, the corporation may hold shares in a body corporate that does have shares.




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