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Charities and Trustee Investment (Scotland) Act 2005, Section 105 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A charity which is able (whether directly or through one or more nominees) to secure that the affairs of a body are conducted in accordance with the charity's wishes is, for the purposes of sections 28 to 35, to be treated as being in control of that body.
(2)For the purposes of sections 46(5) and 68(2)—
(a)a person who is able to secure that the affairs of an institution are conducted in accordance with the person's wishes is to be treated as being in control of the institution,
(b)a person who—
(i)is interested in shares comprised in the equity share capital of a body corporate of a nominal value of more than one-fifth of that share capital, or
(ii)is entitled (whether directly or through one or more nominees) to exercise, or control the exercise of, more than one-fifth of the voting power at any general meeting of a body corporate,
is to be treated as having a substantial interest in the body corporate.
(3)The rules set out in [F1Schedule 1 to the Companies Act 2006] apply for the purposes of subsection (2) as they apply for the purposes of [F2section 254 (directors connected with body corporate)] of that Act (and “ ” and “ ” have the same meanings in subsection (2) as they have in that Act).
Textual Amendments
F1Words in s. 105(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 241(3)(a) (with arts. 6, 11, 12)
F2Words in s. 105(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 241(3)(b) (with arts. 6, 11, 12)
Commencement Information
I1S. 105 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
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