Corporations Act 2001




229(1)   [ Determination of financial benefit]  

In determining whether a financial benefit is given for the purposes of this Chapter:

(a) give a broad interpretation to financial benefits being given, even if criminal or civil penalties may be involved; and

(b) the economic and commercial substance of conduct is to prevail over its legal form; and

(c) disregard any consideration that is or may be given for the benefit, even if the consideration is adequate.

229(2)   [ ``giving a financial benefit'']  

Giving a financial benefit includes the following:

(a) giving a financial benefit indirectly, for example, through 1 or more interposed entities;

(b) giving a financial benefit by making an informal agreement, oral agreement or an agreement that has no binding force;

(c) giving a financial benefit that does not involve paying money (for example by conferring a financial advantage).

229(3)   [ Examples]  

The following are examples of giving a financial benefit to a related party:

(a) giving or providing the related party finance or property;

(b) buying an asset from or selling an asset to the related party;

(c) leasing an asset from or to the related party;

(d) supplying services to or receiving services from the related party;

(e) issuing securities or granting an option to the related party;

(f) taking up or releasing an obligation of the related party.


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