SCHEDULE 1Persons who have significant influence or control over another
PART 5Overseas entities
Interpretation of Part 5
24.
(1)
Rights that are exercisable only in certain circumstances are to be taken into account only—
(a)
when the circumstances have arisen, and for so long as they are extant, or
(b)
when whether the circumstances arise or not are within the control of the person having the rights.
(2)
But rights that are exercisable by an administrator or by creditors while a legal entity is in relevant insolvency proceedings are not to be taken into account even while the entity is in those proceedings.
(3)
“Relevant insolvency proceedings” means—
(a)
(b)
proceedings under the insolvency law of another country or territory during which an entity’s assets and affairs are subject to the control or supervision of a third party or creditor.
(4)
Rights that are normally exercisable but which are temporarily incapable of exercise are to continue to be taken into account.