All terms defined in The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, shall have the same meaning in this part as in Amendment 100:
(1) “Associate”. The term “associate” when used to indicate a relationship with any person, means any:
- (A) Corporation or organization of which such person is an officer or partner or is, directly or indirectly, the beneficial owner of any share of any class of equity securities;
- (B) Trust or other estate in which such person has a substantial beneficial interest or as to which such person serves as trustee or in a similar capacity; and
- (C) Relative or spouse of such person, or any relative of such spouse, who has the same home as such person or who is a director or officer of such corporation or any of its parents or subsidiaries;
- (2) “Affiliate” . An “affiliate” of, or a person “affiliated” with, a specified person is a person that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with, the person specified;
- (3) “Control” (including the terms “controlling”, “controlled by”, and “under common control with”) means the possession, direct or indirect, 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;
(4) “Controlled affiliate” and “controlling affiliate”.
- (A) A “controlled affiliate” of a specified person is another person who, directly or indirectly, is controlled by the person specified.
- (B) A “controlling affiliate” of a specified person is another person who, directly or indirectly, controls the person specified;
- (5) “Own”, “hold”, and “have”. A person shall be deemed to own, hold, or have a security of, or interest in, a corporation or other form of business organization if such person or any associate of such person has a record or beneficial interest therein;
(6) “Sale” and “sell”.
- (A) “Sale” or “sell” includes every contract of sale of, contract to sell, or disposition of a security or interest in a security whether or not for value.
- (B) “Sale” or “sell” includes any exchange of securities and any material change in the rights, preferences, privileges, or restrictions of or on outstanding securities;
(7)
(A) “Security” means:
- (i) Any stock;
- (ii) Any membership in an incorporated association;
- (iii) Any bond;
- (iv) Any debenture or other evidence of indebtedness;
- (v) Any investment contract;
- (vi) Any voting trust certificate;
- (vii) Any certificate of deposit for a security;
- (viii) In general, any interest or instrument commonly known as a “security”; or
- (ix) Any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase any of the foregoing.
- (B) All of the foregoing are securities whether or not evidenced by a written document, provided that any evidence of indebtedness reported under this part is not a security;
- (8) “Holding company”. Included, without limitation, within the meaning of the term “holding company” shall be any person, other than an individual, of which a corporation holding or applying for a state casino license is a controlled affiliate; and
- (9) “Subsidiary”. Included, without limitation, within the meaning of the term “subsidiary” shall be any person, other than an individual, who is a controlled affiliate of another person, other than an individual.