Section 64B — Corporations Act 2001: Entities connected with a corporation

Body corporate (1) A body corporate is connected with a corporation if, and only if, the corporation: (a) can control, or influence materially, the body’s activities or internal affairs; or (b) is a member of the body; or (c) is in a position to cast, or to control the casting of, a vote at a general meeting of the body; or (d) has power to dispose of, or to exercise control over the disposal of, a share in the body; or (e) is financially interested in the body’s success or failure or apparent success or failure; or (f) is owed a debt by the body; or (g) is engaged by the body under a contract for services; or (h) acts as agent for the body in any transaction or dealing. Natural person (2) A natural person is connected with a corporation if, and only if, the corporation: (a) is a trustee of a trust under which the person is capable of benefiting; or (b) is engaged by the person under a contract for services; or (c) acts as agent for the person in any transaction or dealing; or (d) is an attorney of the person under a power of attorney; or (e) has appointed the person as the corporation’s attorney under a power of attorney; or (f) is given financial, business or legal advice by the person in the performance of the functions attaching to the person’s professional capacity. Partnership (3) A partnership is connected with a corporation if, and only if, the corporation: (a) is a partner in the partnership; or (b) can control, or influence materially, the partnership’s activities or internal affairs; or (c) is financially interested in the partnership’s success or failure or apparent success or failure; or (d) is a creditor of the partnership; or (e) is engaged by the partnership under a contract for services; or (f) acts as agent for the partnership in any transaction or dealing. Trust (4) A trust is connected with a corporation if, and only if, the corporation: (a) is the settlor, or one of the settlors, of the trust; or (b) has power under the terms of the trust to appoint or remove a trustee of the trust or to vary, or cause to be varied, any of the terms of the trust; or (c) is a trustee of the trust; or (d) can control, or influence materially, the activities of the trust; or (e) is capable of benefiting under the trust; or (f) is a creditor of the trustee of the trust; or (g) is engaged by the trustee of the trust under a contract for services; or (h) acts as agent for the trustee of the trust in any transaction or dealing.