All sections · Part I: Preliminary
3 Associated companies
(1) For the purposes of this section —
(a) „group“, in relation to a company (referred to in this paragraph
as the „first company“), means the first company and any other
company that is —
(i) a parent of the first company;
(ii) a subsidiary of the first company;
(iii) a subsidiary of a parent of the first company; or
(iv) a parent of a subsidiary of the first company;
(b) „parent“, in relation to a company (referred to in this paragraph as
the „first company“), means another company that, whether acting
alone or under an agreement with one or more other persons, —
(i) holds, whether legally or beneficially, a majority of the
issued shares of the first company;
(ii) has the power, directly or indirectly, to exercise, or
control the exercise of, a majority of the voting rights in
the first company;
(iii) has the right to appoint or remove the majority of the
directors of the first company;
(iv) has the right to exercise a dominant influence over the
management and control of the first company pursuant
to a provision in the constitutional documents of the first
company; or
(v) is a parent of a parent of the first company; and
(c) „subsidiary“, in relation to a company (referred to in this paragraph
as the „first company“), means a company of which the first
company is a parent.
(2) For the purposes of this Act, a company is associated with another
company if it is in the same group as the other company and references to
an „associated company“ shall be construed accordingly.
(3) For the purposes of subsections (1) and (2), „company“ includes a foreign
company and any other body corporate.
(a) „group“, in relation to a company (referred to in this paragraph
as the „first company“), means the first company and any other
company that is —
(i) a parent of the first company;
(ii) a subsidiary of the first company;
(iii) a subsidiary of a parent of the first company; or
(iv) a parent of a subsidiary of the first company;
(b) „parent“, in relation to a company (referred to in this paragraph as
the „first company“), means another company that, whether acting
alone or under an agreement with one or more other persons, —
(i) holds, whether legally or beneficially, a majority of the
issued shares of the first company;
(ii) has the power, directly or indirectly, to exercise, or
control the exercise of, a majority of the voting rights in
the first company;
(iii) has the right to appoint or remove the majority of the
directors of the first company;
(iv) has the right to exercise a dominant influence over the
management and control of the first company pursuant
to a provision in the constitutional documents of the first
company; or
(v) is a parent of a parent of the first company; and
(c) „subsidiary“, in relation to a company (referred to in this paragraph
as the „first company“), means a company of which the first
company is a parent.
(2) For the purposes of this Act, a company is associated with another
company if it is in the same group as the other company and references to
an „associated company“ shall be construed accordingly.
(3) For the purposes of subsections (1) and (2), „company“ includes a foreign
company and any other body corporate.