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Old 12th Oct 2010, 11:28
  #61 (permalink)  
blow.n.gasket
 
Join Date: Mar 2007
Location: australia
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I'm sure you're right Airtags, but???????


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 entitycontrols 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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