Document ID: chunk:federal_register_of_legislation:F2022C00065:reg:12
Version: federal_register_of_legislation:F2022C00065
Segment Type: reg
Provision Reference: reg 12
Character Range: 10179–11340

12  Agents
 (1) An interest in a share is an interest of a prescribed kind if the interest exists solely as a result of an action taken by the interest‑holder in the interest‑holder's capacity as depositary or custodian for, or nominee of, another person.
 (2) The interest‑holder mentioned in subsection (1) is a prescribed person if the interest‑holder does not:
 (a) hold a beneficial interest in the share; or
 (b) have authority, by proxy or any other arrangement with the holder of the beneficial interest in the share, to exercise in a discretionary way the voting rights attaching to the share.
 (3) For the avoidance of doubt, action of the kind mentioned in subsection (1) includes action by a person who is:
 (a) a depositary in connection with a program for the issue of Interim American Depositary Shares or American Depositary Shares; or
 (b) a custodian for a depositary mentioned in paragraph (a); or
 (c) a clearing agency registered under section 17a of the Securities Exchange Act of 1934 of the United States of America, as in force at the commencement of this instrument; or
 (d) a nominee of a clearing agency mentioned in paragraph (c).