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AI Summary of 431. Certain companies with quoted shares not to be close companies.
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431. Certain companies with quoted shares not to be close companies.
(1) In this section, "share" includes "stock".
(2) For the purposes of this section -
(a) a person shall be a principal member of a company -
(i) if such person possesses a percentage of the voting power in the company of more than 5 per cent and, where there are more than 5 such persons, if such person is one of the 5 persons who possess the greatest percentages, or
(ii) if (because 2 or more persons possess equal percentages of the voting power in the company) there are no such 5 persons, such person is one of the 6 or more persons (so as to include those 2 or more who possess equal percentages) who possess the greatest percentages,
(b) a principal member's holding shall consist of the shares which carry the voting power possessed by the principal member, and
(c) in determining the voting power which a person possesses, there shall be attributed to such person any voting power which for the purposes of section 432 would be attributed to such person under subsection (5) or (6) of that section.
(3) Subject to this section, a company shall not be treated as being at any time a close company if -