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

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CH.363 – 56]<br />

SECURITIES INDUSTRY<br />

Extension to<br />

spouses and<br />

children.<br />

been appointed a proxy to vote at any meeting of<br />

the company, or of his having been appointed by<br />

a corporation to act as its representative at any<br />

meeting of the company), to exercise any right<br />

conferred by the holding thereof or is entitled to<br />

control the exercise of any right so conferred; or<br />

(d) he has an interest other than a discretionary<br />

interest under a trust the property of which<br />

comprises the shares or debentures, and he is not<br />

a bare trustee or a custodian trustee of the trust.<br />

(3) Persons having a joint interest are deemed each<br />

of them to have that interest.<br />

(4) So long as a person is entitled to receive, during<br />

his lifetime or the lifetime of another, income from trust<br />

property comprising of securities, an interest in the<br />

securities in reversion or ,remainder shall be disregarded<br />

for purposes of this section.<br />

(5) For the purposes of this section, the securities in<br />

which a person has an interest need not be identifiable.<br />

(6) Subject to the provisions of this <strong>Act</strong>, reference to<br />

a person being interested in securities of a company shall be<br />

construed so as not to exclude an interest on the ground of<br />

its remoteness or the manner in which it arises or by reason<br />

of the fact that the exercise of a right by ownership thereof<br />

is, or is capable of being made subject to any restraint or<br />

restriction.<br />

84. (1) For the purposes of sections 81, 82 and 83 —<br />

(a) an interest of the spouse or minor child (such<br />

child not being a director) of a director, officer<br />

or substantial shareholder of a public company<br />

shall be treated as being the director’s interest;<br />

and<br />

(b) any interest which arises by virtue of section 81<br />

and is vested in the spouse or minor child (such<br />

child not being a director) of a director, officer<br />

or substantial shareholder of a public company<br />

shall be treated as his interest.<br />

(2) In this section “child” includes a step-child and an<br />

adopted child.<br />

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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