1. (a) Subject to subsection (b), "acting in concert" means:

   1. (1) a knowing participation in a joint activity whether or not under an express agreement;
   2. (2) interdependent conscious parallel action toward a common goal under an express agreement or otherwise; or
   3. (3) a combination or pooling of voting interests or other interests in the securities of any person for a common purpose under any contract, understanding, relationship, agreement, or other arrangement, written or otherwise.

2. (b) An employee benefit plan is acting in concert with:

   1. (1) its trustee; or

   2. (2) a person who serves in a capacity similar to a trustee;

      solely for the purpose of determining whether capital stock held by the trustee or the person in a similar capacity and capital stock held by the plan will be aggregated.

As added by P.L.226-2023, SEC.30.