43AZASection 43A: control test

1

This section applies for the purposes of section 43A (and expressions used in this section have the same meaning as in that section).

2

A body corporate (“X”) controls a UK body corporate if—

a

X is empowered by statute to control the UK body corporate’s activities, or

b

X is the UK body corporate’s holding company.

3

An individual (“Y”) controls a UK body corporate if Y would, were Y a company, be the UK body corporate’s holding company.

4

Two or more relevant persons carrying on a business in partnership (“the partnership”) control a UK body corporate if the partnership would, were it a company, be the UK body corporate’s holding company.

5

In this section “holding company” has the meaning given by section 1159 of, and Schedule 6 to, the Companies Act 2006.