[Refer:
paragraph B60(a)
Basis for Conclusions paragraph BC138]
B62
The scope of a decision maker’s decision-making authority is evaluated by
considering:
(a)
the activities that are permitted according to the decision-making
agreement(s) and specified by law, and
(b)
the discretion that the decision maker has when making decisions about
those activities.
B63
A decision maker shall consider the purpose and design of the investee, the risks
to which the investee was designed to be exposed, the risks it was designed
[Refer: paragraphs B8, B53 and B54 and example 2] to pass on to the parties involved
and the level of involvement the decision maker had in the design of an investee.
For example, if a decision maker is significantly involved in the design of the
investee (including in determining the scope of decision-making authority), that
involvement may indicate that the decision maker had the opportunity and
incentive to obtain rights that result in the decision maker having the ability to
direct the relevant activities.
Rights held by other parties
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