# The Licensed Legal Services (Interests in Licensed Providers) (Scotland) Regulations 2012, Regulation 4: Interests in non-solicitor investors which are bodies


(1) For the purposes of section 64(4) of the Act (factors as to fitness), a person may be regarded as having ownership or control of the body or a material interest in it if—
(a) the person—
(i) is entitled to exercise, or control the exercise of, any voting or equivalent rights in the body;
(ii) would be entitled to receive, if all of the income of the body were to be distributed among the members, any share of the amount so distributed; or
(iii) would be entitled to receive, if all of the assets of the body were to be distributed among the members (for example, on the winding-up or dissolution of the entity), any share of the amount so distributed; or
(b) the person has ownership or control of another body or a material interest in it (determined in accordance with the same principles set out in sub-paragraph (a)) which has ownership or control of the body or a material interest in it (determined in accordance with the same principles set out in sub-paragraph (a)).
(2) Paragraph 1(b) may continue to operate until no further bodies are determined to have ownership or control of the body or a material interest in it.
(3) In the operation of paragraph (1)—
(a) any rights that a person has as a loan creditor are to be disregarded; and
(b) the references to “members” are to be construed as—
(i) in relation to a company, the holders of shares in the company;
(ii) in relation to a limited liability partnership, the members;
(iii) in relation to a partnership, the partners; and
(iv) in relation to any other body or association, the members of that body or association.

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Source: https://www.legislation.gov.uk/ssi/2012/154/regulation/4 (the official version)
Page: https://openlegislation.uk/licensed-legal-services-interests-in-licensed-providers-scotland-regulations-2012/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.