a contractual arrangement has three parties a has 50 of the voting rights and b and 611802

De facto agents in joint control

A contractual arrangement has three parties: A has 50% of the voting rights and B and C each have 25%. The contractual arrangement between A, B and C specifies that at least 75% of the voting rights are required to make decisions about the relevant activities of the arrangement.

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Analysis

There is neither control nor joint control, because more than one combination of parties can reach 75% and therefore direct the relevant activities.

Variation If the facts and circumstances changed, such that C was deemed to be a de facto agent of B, then A and B would have joint control, because effectively B would direct 50% (in combination with C’s 25%) and A would need B to agree to direct the relevant activities.

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