CORPORATIONS ACT 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2 - INTERPRETATION  

Division 7 - Interpretation of other expressions  

SECTION 64B   ENTITIES CONNECTED WITH A CORPORATION  

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.

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.

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.

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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