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BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - SECT 8
Interpretation - shareholding interests, voting interests, dividend interests and winding-up interests
8.(1) For the purposes of this Act:
(a) a person has a shareholding interest in a company if the person is
beneficially entitled to, or to an interest in, shares in the company,
whether or not any part of the legal ownership of the shares is vested
in the person; and
(b) the percentage of the interest is the value of the shares, or of the
interest in the shares, as the case may be, on the basis that the
value of the shares is equal to the amount paid on the shares,
expressed as a percentage of the total of all amounts paid on shares
in the company.
(2) For the purposes of this Act:
(a) a person has a voting interest in a company if the person is in a
position to exercise control of votes cast on a poll at a meeting of
the company; and
(b) the percentage of the interest is the greatest percentage of the
number of votes, expressed as a percentage of the total number of
votes that could be cast on any issue at a meeting of the company, the
casting of which the person is in a position to control.
(3) For the purposes of this Act:
(a) a person has a dividend interest in a company if:
(i) the person is, or would become if a dividend were declared,
beneficially entitled to be paid or credited a dividend by the
company; or
(ii) under the memorandum and articles of association of the
company, a share of any profits of the company is to be, or may
be, paid or credited to the person otherwise than as dividends
on shares; and
(b) the percentage of the interest is:
(i) if subparagraph (a)(i) applies - the amount of the dividend to
which the person is beneficially entitled or will become
beneficially entitled expressed as a percentage of the total of
all dividends to which members of the company become entitled
at that time; or
(ii) if subparagraph (a)(ii) applies - the amount of the maximum
share of any profits of the company that could be paid or
credited to the person at a particular time expressed as a
percentage of the total of all shares of profits that could be
paid or credited to all members of the company at that time.
(4) For the purposes of this Act:
(a) a person has a winding-up interest in a company if the person would be
entitled to a share of the property of the company that could be
distributed among members of the company if property of the company
were distributed among members, whether as a result of a winding-up or
otherwise; and
(b) the percentage of the interest is the percentage that the value of
that part of the property of the company to which the person would be
so entitled bears to the total value of the property of the company.
(5) A person may have a voting interest, a dividend interest or a winding-up
interest in a company even if the person does not have a beneficial
entitlement to, or to an interest in, shares in the company.
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