Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p40
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 40/46)
Character Range: 3151191–3153818

(c) that provides services for the exchange of shares.

Other rules relating to voting power and rights

166‑265  Persons who actually control voting power or have rights are taken not to control power or have rights
  If any of sections 166‑225, 166‑230, 166‑240, 166‑245, 166‑255 or 166‑260 apply, the ownership tests in section 166‑145 are also applied to the tested company as if, at the *ownership test time:
 (a) the persons who control, or are able to control, the voting power in the tested company (whether directly, or indirectly through one or more interposed entities) that is carried by each *voting stake in the tested company mentioned in that section had not had that control; and
 (b) the persons who have the right to receive for their own benefit (whether directly, or *indirectly through one or more interposed entities):
 (i) any *dividends that the tested company may pay in respect of each *dividend stake in the tested company mentioned in that section; and
 (ii) any distributions of capital of the tested company in respect of each *capital stake in the tested company mentioned in that section;
  had not had that right.

166‑270  Single notional entity stakeholders taken to have minimum voting control, dividend rights and capital rights

Minimum control of voting power
 (1) If:
 (a) the *ownership test time is after the start of the *test period; and
 (b) a single notional entity mentioned in section 166‑225 or 166‑255 has voting power in a company; and
 (c) the voting power that the entity has at the ownership test time is greater than the voting power that the entity had at the start of the test period;
then the entity is taken to have voting power in the company at the ownership test time only to the extent that it had it at the start of the test period.

Minimum percentage of rights to dividends and capital
 (2) If:
 (a) the *ownership test time is after the start of the *test period; and
 (b) a single notional entity mentioned in section 166‑225 or 166‑255 has a percentage of rights to the *dividends or distributions of capital of a company; and
 (c) the percentage that the entity has rights to at the ownership test time is greater than the percentage (the lower percentage) of the dividends or distributions of capital of the company that the entity had rights to at the start of the test period;
then the entity is taken to have rights to the lower percentage of the dividends or distributions of capital at the ownership test time.

Acquisition of tested company by new interposed entity—minimum control of voting power
 (3) If:
 (a) the *ownership test time is after the