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Jetstar Singapore Contract
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12th Oct 2010, 11:28
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blow.n.gasket
Join Date: Mar 2007
Location: australia
Age: 74
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I'm sure you're right Airtags, but???????
Quote:
Q sale Act prescribes entity ownership limits - JQ as a subsiduary can do just about anything it wants
Qantas
means Qantas Airways Limited, as the company exists
from time to time (even if its name is later changed).
Qantas subsidiary
means a body corporate that is a subsidiary of
Qantas.
For the purposes of this Act, the question whether a body
corporate is a subsidiary of another body corporate is to be
determined in the same manner as that question is determined
under the
Corporations Act 2001
.
CORPORATIONS ACT 2001 - SECT 46
What is a subsidiary
A
body corporate
(in this section called the
first
body
) is a subsidiary of another
body corporate
if, and only if:
(a) the other
body
:
(i)
controls
the composition of the first
body
's
board
; or
(ii) is in a position to cast, or
control
the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the first
body
; or
(iii)
holds
more than one‑half of the
issued
share capital of the first
body
(excluding any part of that
issued
share capital that carries no
right
to participate beyond a specified
amount
in a distribution of either profits or capital); or
(b) the first
body
is a subsidiary of a subsidiary of the other
body
.
CORPORATIONS ACT 2001 - SECT 50AA
Control
(1) For the purposes of this Act, an
entity
controls
a second
entity
if the first
entity
has the capacity to determine the outcome of
decisions
about the second
entity
's financial and operating policies.
(2) In determining whether the first
entity
has this capacity:
(a) the practical influence the first
entity
can exert (rather than the
rights
it can
enforce
) is the
issue
to be considered; and
(b) any practice or pattern of behaviour affecting the second
entity
's financial or operating policies is to be taken into account (even if it involves a breach of an
agreement
or a breach of trust).
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