(1) An interest in a share is an interest of a prescribed kind if the interest exists solely as a result of an action taken by the interest-holder:
(a) in the interest-holder's capacity as a broker in securities, in the ordinary course of business; and
(b) on the express instruction of a client of the interest-holder.
(2) The interest-holder mentioned in subsection (1) is a prescribed person if the interest-holder does not:
(a) hold a beneficial interest in the share; or
(b) have authority, by proxy or any other arrangement with the holder of the beneficial interest in the share, to exercise in a discretionary way the voting rights attaching to the share.