78.418 - “Control,” “controlling,” “controlled by” and “under common control with” defined; presumption of control. - Nevada Statutes

78.418  “Control,” “controlling,” “controlled by” and “under common control with” defined; presumption of control.

      1.  Except as otherwise provided in subsection 2:

      (a) “Control,” used alone or in the terms “controlling,” “controlled by” and “under common control with,” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

      (b) A person’s beneficial ownership of 10 percent or more of the voting power of a corporation’s outstanding voting shares creates a presumption that the person has control of the corporation.

      2.  A person is not considered to have control of a corporation if the person holds voting power, in good faith and not for the purpose of circumventing the provisions of this chapter, as an agent, bank, broker, nominee, custodian or trustee for one or more beneficial owners who do not individually or as a group have control of the corporation.

      (Added to NRS by 1991, 1202)