Western Australian Current Regulations

LEGAL PROFESSION UNIFORM GENERAL RULES 2015 - REG 91A

91A .         Related entities for purposes of section 258

        (1)         This rule specifies, for the purposes of section 258 of the Uniform Law, who is to be a related entity in relation to a law practice to which this rule applies.

        Note.         In section 6(1) of the Uniform Law, paragraph (b) of the definition of related entity provides that these Rules may specify who is to be a related entity in relation to certain persons.

        (2)         This rule applies to a law practice that is —

            (a)         a sole practitioner, or

            (b)         a law firm, or

            (c)         a community legal service that is not a company, or

            (d)         an incorporated legal practice that is not a company, or

            (e)         an unincorporated legal practice.

        (3)         If the law practice is a body corporate, another body corporate is a related entity if the two are related bodies corporate.

        (4)         If the law practice is not a body corporate, a body corporate is a related entity to the law practice if any of the following paragraphs describes the relationship between the law practice and either the body corporate or a holding company of the body corporate —

            (a)         the law practice controls the composition of the board of the body corporate or holding company, or

            (b)         the law practice is in a position to cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the body corporate or holding company, or

            (c)         the law practice holds more than one‑half of the issued share capital of the body corporate or holding company (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital), or

            (d)         if there is a committee of, or other body having management of, the law practice, the body corporate or holding company controls the composition of that committee or other body, or

            (e)         if the law practice has meetings at which persons constituting the law practice vote on matters concerning the management of the law practice, the body corporate or holding company is in a position to cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at such a meeting.

        (5)         In this rule —

        holding company has the same meaning as it has in the Corporations Act.

        related body corporate has the same meaning as it has in the Corporations Act.