Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p32
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 32/46)
Character Range: 3132225–3134826

all times that the single notional entity mentioned in paragraph (b) held or is taken to have held a stake in the tested company, the new interposed entity is taken to have held that stake.
 (6) Except for the purposes of determining whether a time is an alteration time (within the meaning of section 165‑115L), section 166‑272 (which is about the same shares or interests) is to be disregarded when applying subsection (5) of this section.

166‑235  Voting, dividend and capital stakes

Meaning of voting stake
 (1) An entity holds a voting stake in a company if:
 (a) the entity is the registered holder of *shares in the company; and
 (b) the shares carry rights to exercise voting power in the company.
 (2) An entity (the stakeholder) also holds a voting stake in a company if:
 (a) one or more other entities are interposed between the company and the stakeholder; and
 (b) the stakeholder controls, or is able to control, voting power in the company indirectly through the interposed entity or entities.
Note: For working out the size of a voting stake (for example, for paragraph 166‑225(1)(a)), Subdivision 167‑B has special rules for working out voting power in a company whose shares do not all carry the same voting rights, or do not carry all of the voting rights in the company.

Meaning of dividend stake
 (3) An entity holds a dividend stake in a company if:
 (a) the entity is the registered holder of *shares in the company; and
 (b) the shares carry rights to all or any *dividends that the company may pay.
 (4) An entity (the stakeholder) also holds a dividend stake in a company if:
 (a) one or more other entities are interposed between the company and the stakeholder; and
 (b) the stakeholder has the right to receive, for its own benefit and *indirectly through the interposed entity or entities, all or any *dividends that the company may pay.
Note: For working out the size of a dividend stake (for example, for paragraph 166‑225(1)(b)), Subdivision 167‑A has special rules for a company whose shares do not all carry the same rights to dividends.

Meaning of capital stake
 (5) An entity holds a capital stake in a company if:
 (a) the entity is the registered holder of *shares in the company; and
 (b) the shares carry rights to all or any of a distribution of capital of the company.
 (6) An entity (the stakeholder) also holds a capital stake in a company if:
 (a) one or more other entities are interposed between the company and the stakeholder; and
 (b) the stakeholder has the right to receive, for its own benefit and *indirectly through the interposed entity or