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Home / Simons-Taxes /Corporate tax /Part D3 Close companies /Division D3.1 What is a close company? /Definition of a 'close company' / D3.103 Definition of a close company—meaning of control, participator, associate, director
Commentary

D3.103 Definition of a close company—meaning of control, participator, associate, director

Corporate tax

As detailed at D3.102, the definition of a close company hinges on several key concepts – namely control, participator, associate and director – all of which are discussed below.

Control for close company purposes

For the purpose of the close company legislation, a person is treated as having control of a company1 if they exercise, or is able to exercise or is entitled to acquire, direct or indirect control over the company's affairs. A person is treated as being entitled to acquire anything which they are entitled to acquire at a future date or will at a future date be entitled to acquire2.

In particular, a person, or two or more persons have control if they possess, or are entitled to acquire:

  1. Ìý

    •ÌýÌýÌýÌý the greater part of the share capital or issued share capital of the company3

  2. Ìý

    •ÌýÌýÌýÌý the greater part of the voting power in the company

  3. Ìý

    •ÌýÌýÌýÌý so much of the issued share capital of the company as would entitle

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Web page updated on 17 Mar 2025 17:24