12Agents

12 Agents

(1) An interest in a share is an interest of a prescribed kind if the interest exists solely as a result of an action taken by the interest‑holder in the interest‑holder’s capacity as depositary or custodian for, or nominee of, another person. (2) The interest‑holder mentioned in subsection (1) is a prescribed person if the interest‑holder does not: (a) hold a beneficial interest in the share; or (b) have authority, by proxy or any other arrangement with the holder of the beneficial interest in the share, to exercise in a discretionary way the voting rights attaching to the share. (3) For the avoidance of doubt, action of the kind mentioned in subsection (1) includes action by a person who is: (a) a depositary in connection with a program for the issue of Interim American Depositary Shares or American Depositary Shares; or (b) a custodian for a depositary mentioned in paragraph (a); or (c) a clearing agency registered under section 17a of the Securities Exchange Act of 1934 of the United States of America, as in force at the commencement of this instrument; or (d) a nominee of a clearing agency mentioned in paragraph (c).