DUTIES ACT 2001 - SCHEDULE 5

DUTIES ACT 2001 - SCHEDULE 5

SCHEDULE 5 – Example for corporate reconstruction

Parent companies —

Company A owns 90% of the shares in, and has voting control over, companies B and E. Under section 401 , company A is the parent company of companies B and E.

Company B owns 90% of the shares in, and has voting control over, company C. Under section 401 , company B is the parent company of company C.

Company C owns 90% of the shares in, and has voting control over, company D. Under section 401 , company C is the parent company of company D.

No company is the parent company of company F, because no company holds 90% of its issued shares, and has voting control, over it.

Subsidiaries —

Under section 402 —

• companies B and E are subsidiaries of company A

• company C is a subsidiary of company B and, because company B is a subsidiary of company A, company C is also a subsidiary of company A

• company D is a subsidiary of company C and, because company C is a subsidiary of companies B and A, company D is also a subsidiary of companies A and B.

• company F is a subsidiary of company A because company A, with its subsidiary company E, holds 90% of the issued shares in, and has voting control over, company F.

Group companies —

Under section 400 (2) , all the companies are group companies because companies B, C, D, E and F are subsidiaries of company A.

Corporate group —

Under section 400 (4) , the corporate group comprises the group companies A, B, C, D, E and F.