17-1297. Control shares, voting rights; affiliate and associate, defined.

235 words·~1 min read·/ks/chapter-17/17-1297

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)As used in this section "affiliate" means a person that directly or indirectly controls, is controlled by, or is under common control with, a specified person.

(b)As used in this section "associate," when used to indicate a relationship with any person, means any of the following:

(1)Any corporation or organization of which the person is an officer, director or partner or is, directly or indirectly, the beneficial owner of 10% or more of any class or series of shares entitled to vote or other equity interest.

(2)Any trust or estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or personal representative or in a similar fiduciary capacity.

(3)Any relative or spouse of the person, or any relative of the spouse, residing in the house of the person.

(c)Control shares acquired in a control share acquisition that do not have voting rights accorded them by approval of a resolution of shareholders shall regain their voting rights on transfer to a person other than the acquiring person or affiliate or associate of the acquiring person, unless the acquisition of the shares by the other person constitutes a control share acquisition, in which case the voting rights of the shares acquired by such other person are subject to the provisions of this act.