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Appendix 1 - Information Concerning Related Persons
1.(1) For the purposes of this Notice to Importers, persons are related to other persons if they are dealing with such other persons otherwise than at arm's length in respect of the import, purchase and/or sale of Powdered Whey.
(2) It is a question of fact whether persons not related to one another within the meaning of section 2 of this appendix (below) were at a particular time dealing with each other at arm's length.
(3) Persons related to each other within the meaning of section 2 shall be deemed not to deal with each other at arm's length while so related.
2. (1) For the purposes of this Notice to Importers, persons are related to each other and are "related persons" if they are:
- individuals connected by blood relationship, marriage or adoption;
- a corporation; and
- a person who controls the corporation, if it is controlled by one person,
- a person who is a member of a related group that controls the corporation, or
- any person connected in the manner set out in paragraph (a) to a person described in subparagraph (i) or (ii); or
- two corporations
- controlled by the same person or group of persons,
- each of which is controlled by one person and the person who controls one of the corporations is related to the person who controls the other corporation,
- one of which is controlled by one person and that person is related to any member of a related group that controls the other corporation,
- one of which is controlled by one person and that person is related to each member of an unrelated group that controls the other corporation,
- one of which is controlled by a related group a member of which is related to each member of an unrelated group that controls the other corporation, or
- one of which is controlled by an unrelated group each member of which is related to at least one member of an unrelated group that controls the other corporation.
(2) For the purposes of this Notice to Importers,
- where two corporations are related to the same corporation within the meaning of subsection (1), they shall be deemed to be related to each other;
- where a related group is in a position to control a corporation, it shall be deemed to be a related group that controls the corporation whether or not it is part of a larger group by whom the corporation is in fact controlled;
- a person who has a right under a contract, in equity or otherwise, either immediately or in the future and either absolutely or contingently, to, or to acquire, shares in a corporation, or to control the voting rights of shares in a corporation, shall, except where the contract provides that the right is not exercisable until the death of an individual designated therein, be deemed to have the same position in relation to the control of the corporation as if he owned the shares;
- where a person owns shares in two or more corporations, he shall, as shareholder of one of the corporations, be deemed to be related to himself as shareholder of each of the other corporations;
- persons are connected by blood relationship if one is the child or other descendant of the other or one is the brother or sister of the other;
- persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other;
- persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is connected by blood relationship, otherwise than as a brother or sister, to the other; and
- persons may be related where influence is derived from a franchise, licence, lease, distribution, supply or management agreement or other similar agreement or arrangement.
- Date Modified: