6Associated persons

6 Associated persons

(1) A reference in this Act to a person associated with another person shall be construed as a reference to:

(a) if the other person is a body corporate:

(i) a director or secretary of the body corporate;

(ii) a body corporate that is related to the other person; or

(iii) a director or secretary of such a related body corporate;

(b) where the matter to which the reference relates is the extent of a power to exercise, or to control the exercise of, the voting power attached to voting shares in a body corporate (including, in a case where the other person is a body corporate, the other person)—a person (including the body corporate) with whom the other person has, or proposes to enter into, an agreement, arrangement, understanding or undertaking, whether formal or informal and whether express or implied:

(i) by reason of which the first‑mentioned person, or the other person, may exercise, may directly or indirectly control the exercise of, or may substantially influence the exercise of, any voting power attached to a share in the body corporate;

(ii) with a view to controlling or influencing the composition of the board of directors, or the conduct of affairs, of the body corporate;

(iii) under which the first‑mentioned person may acquire from the other person, or the other person may acquire from the first‑mentioned person, shares in the body corporate; or

(iv) under which the first‑mentioned person, or the other person, may be required to dispose of shares in the body corporate in accordance with the directions of the other person, or of the first‑mentioned person, as the case may be;

(c) a person in concert with whom the other person is acting, or proposes to act, in relation to the matter to which the reference relates;

(d) where the matter to which the reference relates is a matter other than the extent of a power to exercise, or to control the exercise of, the voting power attached to voting shares in a body corporate:

(i) a person who carries on a business of dealing in securities in partnership with the other person;

(ii) subject to subsection (2), a person who is a partner of the other person otherwise than by reason that he carries on a business of dealing in securities in partnership with the other person;

(iii) a trustee of a trust in relation to which the other person benefits or is capable of benefiting otherwise than by reason of transactions entered into in the ordinary course of business in connection with the lending of money;

(iv) a person who is a director of a body corporate that carries on a business of dealing in securities and of which the other person is also a director; or