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PDFWAC 230-03-045

Defining substantial interest holder.

(1) "Substantial interest holder" means a person who has actual or potential influence over the management or operation of any organization, association, or other business entity.
(2) Evidence of substantial interest may include, but is not limited to:
(a) Directly or indirectly owning, operating, managing, or controlling an entity or any part of an entity; or
(b) Directly or indirectly profiting from an entity or assuming liability for debts or expenditures of the entity; or
(c) Being an officer or director or managing member of an entity; or
(d) Owning ten percent or more of any class of stock in a privately or closely held corporation; or
(e) Owning five percent or more of any class of stock in a publicly traded corporation; or
(f) Owning ten percent or more of the membership shares/units in a privately or closely held limited liability company; or
(g) Owning five percent or more of the membership shares/units in a publicly traded limited liability company; or
(h) Providing ten percent or more of cash, goods, or services for the start up of operations or the continuing operation of the business during any calendar year or fiscal year. To calculate ten percent of cash, goods, or services, take the operational expenses of the business over the past calendar or fiscal year, less depreciation and amortization expenses, and multiply that number by ten percent; or
(i) Receiving, directly or indirectly, a salary, commission, royalties, or other form of compensation based on the gambling receipts.
(3) Spouses of officers of charitable or nonprofit organizations and spouses of officers or board members of publicly traded entities or subsidiaries of publicly traded entities are not considered substantial interest holders, unless there is evidence to the contrary. If so, then an investigation will be conducted to determine if they qualify as a substantial interest holder.
[Statutory Authority: RCW 9.46.070. WSR 13-09-048 (Order 687), § 230-03-045, filed 4/15/13, effective 5/16/13; WSR 06-07-157 (Order 457), § 230-03-045, filed 3/22/06, effective 1/1/08.]
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