"qualifying stake"
means, in respect of a financial institution that—
(a) | is a company, that a person, directly or indirectly, alone or together with a related or inter-related person— |
(i) | holds at least 15% of the issued shares of the financial institution; |
(ii) | has the ability to exercise or control the exercise of at least 15% of the voting rights attached to securities of the financial institution; |
(iii) | has the ability to dispose of or control the disposal of at least 15% of the financial institution’s securities; or |
(iv) | holds rights in relation to the financial institution that, if exercised, would result in the person, directly or indirectly, alone or together with a related or inter-related person— |
(aa) | holding at least 15% of the securities of the financial institution; |
(bb) | having the ability to exercise or control at least 15% of the voting rights attached to shares or other securities of the financial institution; or |
(cc) | having the ability to dispose of or direct the disposal of at least 15% of the financial institution’s securities; |
(b) | is a close corporation, that a person, directly or indirectly, alone or together with a related or inter-related person, holds at least 15% of the members’ interests or controls, or has the right to control, at least 15% of members’ votes in the close corporation; |
(c) | is a trust, that a person has, directly or indirectly, alone or together with a related or inter-related person— |
(i) | the ability to exercise or control the exercise of at least 15% of the votes of the trustees; |
(ii) | the power to appoint at least 15% of the trustees; or |
(iii) | the power to appoint or change any beneficiaries of the trust; |