Section 8A — Credit Contracts and Consumer Finance Act 2003: Meanings of associated and associated person
Text of the provision Official document
8A Meanings of associated and associated person (1) For the purposes of this Act, 1 person ( A ) is associated with another person ( B ),— (a) if A is connected to B by blood relationship, marriage, or adoption or where A is a trustee for B, and for the purposes of this paragraph— (i) persons are connected by blood relationship if they are within the fourth degree of relationship: (ii) persons are connected by marriage if 1 person is married to the other person or to a person who is connected by blood relationship to the other person, or if 1 person has a relationship in the nature of marriage with the other person or with a person who is connected by blood relationship to the other person (whether or not the parties to the relationship are of the same or different sex): (iii) persons are connected by adoption if 1 person has been adopted as the child of the other person or as a child of a person who is within the third degree of relationship to the other person: (b) in the case where B is a company, if A is a director or officer of B, or is associated (within the meaning of paragraph (a) ) with a director or officer of B, or is directly or indirectly able to exercise control over the affairs of B: (c) in the case where A is a company, if B is a director or officer of A, or is associated (within the meaning of paragraph (a) ) with a director or officer of A, or is directly or indirectly able to exercise control over the affairs of A: (d) in the case where both A and B are companies,— (i) if A is a holding company or subsidiary of B within the meaning of section 5 of the Companies Act 1993 ; or (ii) if A owns or controls shares that in aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of B; or (iii) if B owns or controls shares that in aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of A; or (iv) if A and B have the same holding company within the meaning of section 5 of the Companies Act 1993 ; or (v) if a third person owns or controls shares in each of them that carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of each of them. (2) Associated person has a corresponding meaning. Section 8A was inserted, as from 25 August 2005, by section 75 Overseas Investment Act 2005 (2005 No 82). See sections 76 to 79 of that Act as to the transitional provisions. See clause 2 Overseas Investment Act Commencement Order 2005 (SR 2005/219).
Official source: legislation.govt.nz
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