definiens: means any corporation, company, partnership, joint venture, firm or other business entity which controls, iscontrolled by, or is under common control with a Party . For purposes of this definition, shall be presumed to exist ifone of the following conditions is met : ( a ) in the case of corporate entities, direct or indirect ownership 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 equity interest with the power to direct the management andpolicies of such non - corporate entities . The Parties acknowledge that in the case of certain entities organized under the lawsof certain countries, the maximum percentage ownership permitted by law for a foreign investor may be less than fifty percent(50 % ), and that in such case such lower percentage shall be substituted in the preceding sentence, provided that such foreigninvestor has the power to direct the management and policies of such entities