§ 1401. Definitions. When used in this article, unless otherwise\nexpressly stated:\n * (a) "Person" means an individual, partnership, limited liability\ncompany, society, association, joint stock company, corporation, estate,\nreceiver, trustee, assignee, referee or any other person acting in a\nfiduciary or representative capacity, whether appointed by a court or\notherwise, any combination of individuals, and any other form of\nunincorporated enterprise owned or conducted by two or more persons.\n * NB Effective until July 1, 2021\n * (a) (1) "Person" means an individual, partnership, limited liability\ncompany, society, association, joint stock company, corporation, estate,\nreceiver, trustee, assignee, referee or any other person acting in a\nfiduciary or representative capacity, whether appointed by a court or\notherwise, any combination of individuals, and any other form of\nunincorporated enterprise owned or conducted by two or more persons.\n (2) "Person" shall include any individual, corporation, partnership or\nlimited liability company or an officer or employee of any corporation\n(including a dissolved corporation), or a member or employee of any\npartnership, or a member, manager or employee of a limited liability\ncompany, who as such officer, employee, manager or member is under a\nduty to act for such corporation, partnership, limited liability company\nor individual proprietorship in complying with any requirement of this\narticle, or has so acted.\n * NB Effective July 1, 2021\n (b) "Controlling interest" means (i) in the case of a corporation,\neither fifty percent or more of the total combined voting power of all\nclasses of stock of such corporation, or fifty percent or more of the\ncapital, profits or beneficial interest in such voting stock of such\ncorporation, and (ii) in the case of a partnership, association, trust\nor other entity, fifty percent or more of the capital, profits or\nbeneficial interest in such partnership, association, trust or other\nentity.\n (c) "Real property" means every estate or right, legal or equitable,\npresent or future, vested or contingent, in lands, tenements or\nhereditaments, including buildings, structures and other improvements\nthereon, which are located in whole or in part within the state of New\nYork. It shall not include rights to sepulture.\n (d) "Consideration" means the price actually paid or required to be\npaid for the real property or interest therein, including payment for an\noption or contract to purchase real property, whether or not expressed\nin the deed and whether paid or required to be paid by money, property,\nor any other thing of value. It shall include the cancellation or\ndischarge of an indebtedness or obligation. It shall also include the\namount of any mortgage, purchase money mortgage, lien or other\nencumbrance, whether or not the underlying indebtedness is assumed or\ntaken subject to.\n (i) In the case of a creation of a leasehold interest or the granting\nof an option with use and occupancy of real property, consideration\nshall include but not be limited to the value of the rental and other\npayments attributable to the use and occupancy of the real property or\ninterest therein, the value of any amount paid for an option to purchase\nor renew and the value of rental or other payments attributable to the\nexercise of any option to renew.\n (ii) In the case of a creation of a subleasehold interest,\nconsideration shall include but not be limited to the value of the\nsublease rental payments attributable to the use and occupancy of the\nreal property, the value of any amount paid for an option to renew and\nthe value of rental or other payments attributable to the exercise of\nany option to renew less the value of the remaining prime lease rental\npayments required to be made.\n (iii) In the case of a controlling interest in any entity that owns\nreal property, consideration shall mean the fair market value of the\nreal pro
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