Meaning of voting stake
(1) An entity holds a voting stake in a company if:
(a) the entity is the registered holder of * shares in the company; and
(b) the shares carry rights to exercise voting power in the company.
(2) An entity (the stakeholder ) also holds a voting stake in a company if:
(a) one or more other entities are interposed between the company and the stakeholder; and
(b) the stakeholder controls, or is able to control, voting power in the company indirectly through the interposed entity or entities.
Note: For working out the size of a voting stake (for example, for paragraph 166 - 225(1)(a)), Subdivision 167 - B has special rules for working out voting power in a company whose shares do not all carry the same voting rights, or do not carry all of the voting rights in the company.
(3) An entity holds a dividend stake in a company if:
(a) the entity is the registered holder of * shares in the company; and
(b) the shares carry rights to all or any * dividends that the company may pay.
(4) An entity (the stakeholder ) also holds a dividend stake in a company if:
(a) one or more other entities are interposed between the company and the stakeholder; and
(b) the stakeholder has the right to receive, for its own benefit and * indirectly through the interposed entity or entities, all or any * dividends that the company may pay.
Note: For working out the size of a dividend stake (for example, for paragraph 166 - 225(1)(b)), Subdivision 167 - A has special rules for a company whose shares do not all carry the same rights to dividends.
(5) An entity holds a capital stake in a company if:
(a) the entity is the registered holder of * shares in the company; and
(b) the shares carry rights to all or any of a distribution of capital of the company.
(6) An entity (the stakeholder ) also holds a capital stake in a company if:
(a) one or more other entities are interposed between the company and the stakeholder; and
(b) the stakeholder has the right to receive, for its own benefit and * indirectly through the interposed entity or entities, all or any of a distribution of capital of the company.
Note: For working out the size of a capital stake (for example, for paragraph 166 - 225(1)(c)), Subdivision 167 - A has special rules for a company whose shares do not all carry the same rights to capital distributions.
Stakes held by nominees
(7) For the purposes of sections 166 - 225 and 166 - 230, if:
(a) an entity (the nominee entity ) holds a * voting stake, a * dividend stake, or a * capital stake, in a company; and
(b) the nominee entity is itself a company; and
(c) the nominee entity holds the stake as a nominee for more than one other entity;
then, for each entity for whom a part of the stake is held by the nominee
entity, that entity's part of the stake may be treated instead as a
separate stake.