definiens: means any corporation, company, partnership, joint venture, firm or other business entity whichcontrols, is controlled by, or is under common control with a Party . For purposes of this definition, shall bepresumed to exist if one of the following conditions is met : ( a ) in the case of corporate entities, direct or indirectownership of at least fifty percent ( 50 % ) of the stock or shares having the right to vote for the election of directors, and ( b ) in the case of non - corporate entities, direct or indirect ownership of at least fifty percent ( 50 % ) of the equityinterest with the power to direct the management and policies of such non - corporate entities . The Partiesacknowledge that in the case of certain entities organized under the laws of certain countries, the maximumpercentage ownership permitted by law for a foreign investor may be less than fifty percent ( 50 % ), and that in suchcase such lower percentage shall be substituted in the preceding sentence, provided that such foreign investor hasthe power to direct the management and policies of such entities