Companies Act 2014 section 804

Interests in shares and debentures for purposes of section 803: general

Section 804 defines what counts as an "interest" in shares or debentures for the purposes of disclosure orders under section 803, adopting a deliberately broad interpretation that captures direct holdings, trust arrangements, contractual rights, and joint interests.

  • An interest in shares or debentures means any kind of interest whatsoever, and any restrictions or conditions attached to the exercise of rights relating to that interest are to be disregarded
  • Trust beneficiaries are treated as having an interest in shares or debentures that form part of trust property, even if they would not otherwise be considered to hold such an interest
  • A person is deemed to have an interest if they have contracted to purchase shares or debentures, or if (without being the registered holder) they can exercise or control the exercise of rights attached to shares β€” including where they hold conditional rights or obligations that would confer such entitlement
  • Where persons hold a joint interest, each individual is treated as having that interest in full; however, rights or obligations to subscribe for new shares are not treated as rights to acquire an interest in shares

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