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Securities Industry Act - The Bahamas Laws On-Line - The ...

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CH.363 – 50]<br />

SECURITIES INDUSTRY<br />

Presumed<br />

insider.<br />

(b) ”connected person” includes, in relation to a<br />

director or officer unless that person is also a<br />

director or officer of the same company —<br />

(i) the spouse of the director or officer and any<br />

minor child or minor step-child;<br />

(ii) a body corporate in which the director or<br />

the officer or those natural persons connected<br />

with the director or the officer have<br />

direct or indirect interests in twenty per<br />

cent or more of the equity share capital of<br />

that body corporate or are able to control<br />

twenty per cent or more of the voting<br />

authority at any of its general meetings;<br />

(iii) a trustee or trust, the beneficiaries of which<br />

include the director himself, or the officer<br />

himself or a person connected with the<br />

director or the officer;<br />

(iv) a partner of either the director or officer or<br />

a connected person;<br />

(c) “enterprise” includes an unincorporated association.<br />

(3) <strong>The</strong> provisions of this section shall apply mutatis<br />

mutandis to partnerships, limited liability partnerships,<br />

trusts, joint ventures, syndicates and other issuers, as the<br />

case may be.<br />

75. (1) For the purposes of this section and sections<br />

76 and 77 —<br />

(a) a director or officer of a body corporate that is a<br />

parent company is an insider of its subsidiary<br />

company;<br />

(b) a director or officer of a body corporate that is a<br />

subsidiary is an insider of its parent company;<br />

(c) a director or officer of a body corporate that is<br />

an affiliated company is an insider of its<br />

affiliates.<br />

(2) For the purposes of this section and sections 76<br />

and 77 —<br />

(a) if a body corporate becomes an insider of a<br />

company or enters into a business combination<br />

with a company, a director or officer of the body<br />

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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