1. Except as otherwise provided in subsection 2: (a) Control, used alone or in the terms controlling, controlled by and under common control with, means the possession, directly or indirectly, 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. (b) A persons beneficial ownership of 10 percent or more of the voting power of a corporations outstanding voting shares creates a presumption that the person has control of the corporation: (1) In the absence of proof by a preponderance of the evidence to the contrary; or (2) Unless any other stockholder of the corporation, other than an affiliate or associate of the person, is the beneficial owner of an equal or greater percentage of the voting power of the corporations outstanding voting shares. 2. A person is not considered to have control of a corporation if the person holds voting power, in good faith and not for the purpose of circumventing the provisions of this chapter, as an agent, bank, broker, nominee, custodian or trustee for one or more beneficial owners who do not individually or as a group have control of the corporation.
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