THE CORPORATIONS LAW

CHAPTER 1 - INTRODUCTORY

PART 1.2 - INTERPRETATION

Division 7 - Interpretation of other expressions

SECTION 64B   ENTITIES CONNECTED WITH A CORPORATION  

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64B(1)  [Body corporate]  

A body corporate is connected with a corporation if, and only if, the corporation:

(a)  can control, or influence materially, the body's activities or internal affairs; or

(b)  is a member of the body; or

(c)  is in a position to cast, or to control the casting of, a vote at a general meeting of the body; or

(d)  has power to dispose of, or to exercise control over the disposal of, a share in the body; or

(e)  is financially interested in the body's success or failure or apparent success or failure; or

(f)  is owed a debt by the body; or

(g)  is engaged by the body under a contract for services; or

(h)  acts as agent for the body in any transaction or dealing.

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64B(2)  [Natural person]  

A natural person is connected with a corporation if, and only if, the corporation:

(a)  is a trustee of a trust under which the person is capable of benefiting; or

(b)  is engaged by the person under a contract for services; or

(c)  acts as agent for the person in any transaction or dealing; or

(d)  is an attorney of the person under a power of attorney; or

(e)  has appointed the person as the corporation's attorney under a power of attorney; or

(f)  is given financial, business or legal advice by the person in the performance of the functions attaching to the person's professional capacity.

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64B(3)  [Partnership]  

A partnership is connected with a corporation if, and only if, the corporation:

(a)  is a partner in the partnership; or

(b)  can control, or influence materially, the partnership's activities or internal affairs; or

(c)  is financially interested in the partnership's success or failure or apparent success or failure; or

(d)  is a creditor of the partnership; or

(e)  is engaged by the partnership under a contract for services; or

(f)  acts as agent for the partnership in any transaction or dealing.

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64B(4)  [Trust]  

A trust is connected with a corporation if, and only if, the corporation:

(a)  is the settlor, or one of the settlors, of the trust; or

(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; or

(c)  is a trustee of the trust; or

(d)  can control, or influence materially, the activities of the trust; or

(e)  is capable of benefiting under the trust; or

(f)  is a creditor of the trustee of the trust; or

(g)  is engaged by the trustee of the trust under a contract for services; or

(h)  acts as agent for the trustee of the trust in any transaction or dealing.

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