CORPORATIONS ACT 2001 - SECT 64B

64B  Entities connected with a corporation

Body corporate

(1)  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.

Natural person

(2)  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.

Partnership

(3)  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.

Trust 

(4)  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.

http://www.comlaw.gov.au/Details/C2011C00173

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