s 56C What holding an equity interest means
56C.—(1) In this Part, a person holds an equity interest if the person —(a) has or is deemed to have an equity interest in accordance with subsections (2) to (8); or (b) otherwise has a legal or equitable interest in that equity interest, except for — (c) any interest to be disregarded under section 7(9) of the Companies Act 1967; (d) any interest in a share held by a person whose ordinary business includes the lending of money if the person holds the interest as a loan security; (e) any interest in a share held by a person, being an interest held by the person because the person holds a prescribed office; (f) any interest of a prescribed kind in a share, being an interest held by such persons as are prescribed; (g) any interest in a share held by the Government or the Minister for Finance in his or her corporate capacity; (h) any equity interest of a prescribed kind in a company, being an equity interest held by a prescribed person; or (i) any interest prescribed under section 102 as an interest that is to be disregarded. (2) For the purposes of this Part, if —(a) a person holds an interest in a share as a loan security; (b) the ordinary business of the person includes the lending of money; (c) the loan security is enforced; (d) as a result of the enforcement of the loan security, the person becomes the holder of the share; and (e) the person holds the share for a continuous period (called the holding period) beginning at the time when the security was enforced, the person’s interest in the share is to be disregarded at all times during so much of the holding period as occurs during whichever of the following periods is applicable: (f) the period of 90 days beginning when the security was enforced; (g) if the Authority, by written notice given to the person, allows a longer period, the end of that longer period. (3) Subject to subsection (4), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. (4) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (3) is, or is capable of being made, subject to restraint or restriction. (5) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, an interest or a right that gives its holder voting power, or a unit of a business trust, as the case may be. (6) A person is deemed to have an equity interest if —(a) any property held in trust consists of or includes the equity interest; and (b) the person knows, or has reasonable grounds for believing, that the person has an interest under that trust. (7) A person is also deemed to have an equity interest if that person —(a) has entered into a contract to purchase the equity interest; (b) has a right, otherwise than by reason of having an interest under a trust, to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; (c) has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or (d) is entitled (otherwise than by reason of having been appointed a proxy or representative) to vote at —(i) a general meeting of the designated entity; or (ii) in the case of a designated entity that is a business trust — a general meeting of the unitholders of the business trust, to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or equitable interest. (8) For the purposes of subsection (7)(c), a person is entitled to acquire anything if the person is absolutely or contingently entitled to acquire it, whether because of any constituent document of an entity, the exercise of any right or option or for any other reason. (9) A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person. (10) An equity interest is not to be disregarded by reason only of —(a) its remoteness; (b) the manner in which it arose; or (c) the fact that the exercise of a right conferred by the equity interest is, or is capable of being made, subject to restraint or restriction.[Act 20 of 2024 wef 01/04/2025]