82.45.033 - "Controlling interest" defined. - Washington Statutes

"Controlling interest" defined.

(1) As used in this chapter, the term "controlling interest" has the following meaning:

     (a) In the case of a corporation, either fifty percent or more of the total combined voting power of all classes of stock of the corporation entitled to vote, or fifty percent of the capital, profits, or beneficial interest in the voting stock of the corporation; and

     (b) In the case of a partnership, association, trust, or other entity, fifty percent or more of the capital, profits, or beneficial interest in such partnership, association, trust, or other entity.

     (2) The department may, at the department's option, enforce the obligation of the seller under this chapter as provided in this subsection (2):

     (a) In the transfer or acquisition of a controlling interest as defined in subsection (1)(a) of this section, either against the corporation in which a controlling interest is transferred or acquired, against the person or persons who acquired the controlling interest in the corporation or, when the corporation is not a publicly traded company, against the person or persons who transferred the controlling interest in the corporation; and

     (b) In the transfer or acquisition of a controlling interest as defined in subsection (1)(b) of this section, either against the entity in which a controlling interest is transferred or acquired or against the person or persons who transferred or acquired the controlling interest in the entity.

[2010 1st sp.s. c 23 § 208; 1993 sp.s. c 25 § 505.]

Notes: Effective date -- 2010 1st sp.s. c 23: See note following RCW 82.32.655.

Findings -- Intent -- 2010 1st sp.s. c 23: See notes following RCW 82.04.220.

Severability -- Effective dates -- Part headings, captions not law -- 1993 sp.s. c 25: See notes following RCW 82.04.230.

Findings -- Intent -- 1993 sp.s. c 25: See note following RCW 82.45.010.