• Connected with - indirect control of an entity

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    The control tests for the 'connected with' rules are designed to look through business structures that include interposed entities. If an entity (the first entity) directly controls a second entity, and the second entity controls (whether directly or indirectly) a third entity, the first entity is also taken to control the third entity.

    Image showing indirect control by a company

    In the above figure, the small business entity controls companies A and B but not company C.

    Exception where interposed entity is a public entity

    The indirect control test does not apply if an entity controls a public entity and that public entity controls a third entity, unless the first entity actually controls the third entity (for example, because it holds 50% of the voting shares of the third entity).

    Example

    If an entity (E1) controls a public entity (E2) that in turn controls another entity (E3), E1 will not be deemed to control E3 merely because it controls E2. However, E1 will control E3 if, for example, E1 beneficially owns shares that carry a right to 50% of the voting rights in E3.

    Last modified: 20 Apr 2011QC 23096