| Commentary

8.2 Meaning of ‘affiliate’

| Commentary

8.2 Meaning of ‘affiliate’

There is no standard definition of ‘affiliate’. If the term is used to mean, in effect, another company in the same group as a party to the contract, wording based on the definition of holding and subsidiary company in the Companies Act 2006 Section 1159 is sometimes used1. To make the definition broader, the definitions of ‘group undertaking’ in the Companies Act 2006 is also sometimes used. Parties who wish to make the definition even broader, can include joint ventures that are not majority-owned subsidiaries.

If the term ‘affiliate’ in a contract is referenced to a specific

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