Document ID: chunk:federal_register_of_legislation:C2005A00147:clause:1_73
Version: federal_register_of_legislation:C2005A00147
Segment Type: clause
Provision Reference: sch 1 cl 73
Character Range: 26167–28526

73  At the end of Subdivision 165‑D
Add:

165‑208  Companies in liquidation etc.

 (1) For the purposes of a primary test or an alternative test, an entity is not prevented from:
 (a) beneficially owning *shares in a company; or
 (b) having the right to exercise, controlling, or being able to control, voting power in a company; or
 (c) having the right to receive any *dividends that a company may pay; or
 (d) having the right to receive any distribution of capital of a company;
merely because:
 (e) the company is or becomes:
 (i) an externally‑administered body corporate within the meaning of the Corporations Act 2001; or
 (ii) an entity with a similar status under a *foreign law to an externally‑administered body corporate; or
 (f) either:
 (i) a provisional liquidator is appointed to the company under section 472 of the Corporations Act 2001; or
 (ii) a person with a similar status under a foreign law to a provisional liquidator is appointed to the company.

Note 1: For a primary test, see subsections 165‑150(1), 165‑155(1) and 165‑160(1).

Note 2: For an alternative test, see subsections 165‑150(2), 165‑155(2) and 165‑160(2).

 (2) For the purposes of a primary test or an alternative test, a company (the stakeholding company) is not prevented from:
 (a) beneficially owning *shares in another company, or any other interest in another entity; or
 (b) having the right to exercise, controlling, or being able to control, voting power in another company or any other entity; or
 (c) having the right to receive any *dividends that another company or any other entity may pay; or
 (d) having the right to receive any distribution of capital of another company or of any other entity;
merely because:
 (e) the stakeholding company is or becomes:
 (i) an externally‑administered body corporate within the meaning of the Corporations Act 2001; or
 (ii) an entity with a similar status under a *foreign law to an externally‑administered body corporate; or
 (f) either:
 (i) a provisional liquidator is appointed to the stakeholding company under section 472 of the Corporations Act 2001; or
 (ii) a person with a similar status under a foreign law to a provisional liquidator is appointed to the stakeholding company.

165‑209  Dual listed companies

  Section 165‑150 does not apply to *shares that are *dual listed company voting shares.