Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 - SECT 12

Matters relating to voting shares

(1) If the associate reference relates to:

(a)
the extent of a power to exercise, or to control the exercise of, the voting power attached to voting shares in a body corporate; or

(b)
the primary person's voting power in a body corporate; or

(c)
a takeover bid for securities in a body corporate;

it includes a reference to a person with whom the primary person has, or proposes to enter into, a relevant agreement:

(d)
because of which one of those persons has or will have power (even if it is in any way qualified):

(i)
to exercise; or
(ii)
to control, directly or indirectly, the exercise of; or
(iii)
to influence substantially the exercise of;
any voting power attached to shares in the body;

(e)
for the purpose of controlling or influencing:

(i)
the composition of the body's board; or
(ii)
the conduct of affairs of the body;
(f)
under which one of those persons:

(i)
will or may acquire; or
(ii)
may be required by the other to acquire;
shares in the body in which the other has a relevant interest; or

(g)
under which one of those persons may be required to dispose of shares in the body in accordance with the other's directions;

whatever other effect the relevant agreement may have.

(2) In relation to a matter relating to shares in a body corporate, a person may be an associate of the body and the body may be an associate of a person.



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